Tariq (Migration)

[2019] AATA 484

Tariq (Migration) [2019] AATA 484 (12 February 2019)

CORRIGENDUM

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Abdur Rehman Tariq

CASE NUMBER:  1837679

DIBP REFERENCE(S):  BCC2018/4356096

MEMBER:Stephen Witts

DATE OF DECISION:  12 February 2019

DATE CORRIGENDUM

SIGNED:19 March 2019

PLACE OF DECISION:  Melbourne

AMENDMENT:  The following corrections are made to the decision:

The words in paragraph 2 ‘a medical assessment’ should be deleted and replaced with ‘an appropriate level of English proficiency’.

Stephen Witts
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Abdur Rehman Tariq

CASE NUMBER:  1837679

DIBP REFERENCE(S):  BCC2018/4356096

MEMBER:Stephen Witts

DATE:12 February 2019

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 12 February 2019 at 9:27am

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – appropriate level of English language proficiency – decision under review remitted for reconsideration 

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 Immigration 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 25 September 2018. The delegate refused to grant the visa on 5 December 2018.

2. The delegate made the decision on the basis that evidence of a medical assessment 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 has now provided evidence that he has achieved a level of English language proficiency that meets the requirements specified by the Minister in the Legislative Instrument IMMI 18/015: English language tests and evidence exemptions for subclass 500 (Student Visa) Instrument 2018. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

4. 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

   Stephen Witts
   Member