Singh (Migration)

[2019] AATA 2202

Singh (Migration) [2019] AATA 2202 (6 February 2019)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Mr Ravinder Singh

CASE NUMBER:  1717883

DIBP REFERENCE(S):  BCC2017/2163351

MEMBER:  Meredith Jackson

DATE AND TIME OF

ORAL DECISION AND REASONS:          6 February 2019 at 12:29 pm (QLD time)

DATE OF WRITTEN RECORD:                21 February 2019

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for a Student (Temporary)(Class TU) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 (Student) visa:

· cl. 500.214 of Schedule 2 to the Regulations.

Statement made on 21 February 2019 at 3:00pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – financial capacity – genuine access to funds – father’s bank account statement from India – affidavit of support – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.214

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 25 July 2017 to refuse to grant the visa applicant a Student (Temporary) (Class TU) Subclass 500 visa under the Migration Act 1958 (the Act).

2. At the hearing on 6 February 2019 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

STATEMENT OF DECISION AND REASONS

1. The Tribunal remits the decision under review with the direction that the applicant meets clause 500.214 of schedule 2 to the Regulations.

2. This is an oral decision in case number 171883 for applicant Mr Ravinder Singh (the applicant). It is an application for a review of the decision made by a delegate of the Minister for Immigration to refuse to grant you a student (Temporary) (class TU) visa (the visa) under section 65 of the Migration Act 1958 (the Act).

3. The applicant applied for the visa on 19 June 2017 to undertake study in Australia. The delegate refused to grant the visa on 25 July 2017. At the time the visa application was lodged the student (temporary) (class TU) visa contained two subclasses; subclass 500 (student) and subclass 590 (student guardian). The applicant did not claim to meet the criteria for a subclass 590 student guardian visa.

4. The delegate refused to grant the visa on the basis that you did satisfy the requirements of clause 500.214 of schedule 2 to the Migration Regulations 1994 (the Regulations) on the basis that evidence of financial capacity was not provided, as required, to satisfy a criterion for the grant of a visa under the Regulations.

5. The applicant is currently enrolled to study a Diploma of Hospitality Management due for completion on 12 July 2019. From the date of the hearing the Tribunal has calculated the applicant’s intended stay is 157 days.

6. The Regulation relevantly requires that the applicant has genuine access to funds sufficient to meet the cost and expenses during the intended stay in Australia. In the application for the visa, the applicant was required to provide the Minister evidence of financial capacity that satisfies the requirements specified in the instrument Migration (IMMI 18/010 Evidence of Financial Capacity for Subclass 500 (Student) visas and Subclass 590 (Student Guardian) visas) Instrument 2018.

7. In the applicant’s case, this includes living costs and expenses of AUD8,727 and travel expenses of AUD1,000. The Tribunal has considered the specified period of study which was for 12 months from, in the applicant’s case the visa application date, 20 January 2017. The Tribunal accepts the applicant has no relevant outstanding course fees for the relevant period, therefore the total financial capacity you are required to demonstrate is AUD9,727.

10.  The applicant appeared before the Tribunal to give evidence and present arguments. The applicant was represented in relation to the review by their registered migration agent. Prior to the hearing the applicant provided documentary evidence to the Tribunal, including a bank statement from Axis Bank in India in the name of the applicant’s father's with a closing balance of INR1,815,037.70, an amount which the Tribunal has calculated is equivalent to AUD34,552. The applicant also provided a signed and attested affidavit from the applicant’s father stating that he has the equivalent of AUD34,461 in his bank

Case Number 1717883  Page 2 of 3

account in Axis Bank in India and that he is prepared to make that full amount available to the applicant for his studies and provide any other financial support required by the applicant from time to time.

1. The Tribunal has not considered the letter from the bank concerning a term deposit, also held by the applicant’s father given, that the Tribunal is not satisfied that it is not being used to secure the applicant’s family's other interests.

2. In light of new evidence received, the Tribunal is satisfied that the financial capacity criterion is met and has concluded that the matter should be remitted for reconsideration. The Tribunal remits the application for reconsideration with the direction that the applicant meets the following criteria for a subclass 500 visa, clause 500.214 of schedule 2 to the Regulations.

Meredith Jackson
Member

Case Number 1717883  Page 3 of 3