THAICHAROEN (Migration)

[2019] AATA 5868

THAICHAROEN (Migration) [2019] AATA 5868 (20 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  WARALEE THAICHAROEN

CASE NUMBER:  1731261

DIBP REFERENCE(S):  BCC2017/3256176

MEMBER:P. Wood

DATE:20 September 2019

PLACE OF DECISION:  Sydney, New South Wales

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 20 September 2019 at 5:02pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) visas – Subclass 500 (Student) – English language ability – evidence of tertiary courses completed – 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 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 7 September 2017. The delegate refused to grant the visa on 30 November 2017.

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 has since provided the Tribunal with evidence of completion of two separate courses at Certificate IV and Diploma level, satisfying cl. 2(d)(ii) of IMMI 16/019. 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

   P. Wood
   Senior Member