Stakic (Migration)

[2021] AATA 962

Stakic (Migration) [2021] AATA 962 (25 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Vladimir Stakic

CASE NUMBER:  1932199

HOME AFFAIRS REFERENCE(S):          BCC2019/4134122

MEMBER:Tim Connellan

DATE:25 February 2021

PLACE OF DECISION:  Melbourne

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 25 February 2021 at 1:24pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency – Pearson Test of English Academic result – decision under review remitted  

LEGISLATION

Migration Act 1958, ss 65, 360
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 20 August 2019. The delegate refused to grant the visa on 25 October 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. If the Pearson Test of English Academic (PTE) is to be used to satisfy the requirements, the applicant must provide evidence that he or she has conducted a test in the relevant period and achieved a minimum test score of,

   a.42; or

   b.36, if packaged with at least 10 weeks ELICOS; or

   c.30, if packaged with at least 20 weeks ELICOS

4. The Tribunal received a submission and evidence that the applicant was enrolled and studying a Diploma of Project Management scheduled to run until 11 July 2021.

5. The applicant had undertaken a PTE on 10 December 2019 in which he had achieved an overall score of 38.

6. To satisfy the requirements, the applicant had therefore enrolled in a 10 week ELICOS program with Salisbury College, Australia packaged with his Project Management studies.

7. In light of the new evidence received, the Tribunal is satisfied that the applicant satisfies cl.500.213(1) and has concluded that the matter should be remitted for reconsideration.

8. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

9. 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

   Tim Connellan
   Member