Son (Migration)

[2020] AATA 1212

Son (Migration) [2020] AATA 1212 (30 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Hyun Jung Son

CASE NUMBER:  1909578

HOME AFFAIRS REFERENCE(S):          BCC2018/5936333

MEMBER:P. Wood

DATE:30 January 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

·cl.500.213 of Schedule 2 to the Regulations

Statement made on 30 January 2020 at 7:40pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visas – Subclass 500 (Student) – English language ability – decision under review remitted          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2 cl 500.213

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 3 January 2019. The delegate refused to grant the visa on 1 April 2019.

2. The delegate made the decision on the basis that evidence of English language ability was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The applicant appeared before the Tribunal on 30 January 2020 to give evidence and present arguments.

4. The applicant provided the Tribunal with evidence that the method of instruction in her present course is in the English language. In light of this, the Tribunal is satisfied that the cl.500.213 criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 500 visa:

   ·cl.500.213 of Schedule 2 to the Regulations

   P. Wood
   Senior Member