THINKRATHOK (Migration)

[2019] AATA 1469

THINKRATHOK (Migration) [2019] AATA 1469 (1 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sukawat THINKRATHOK

CASE NUMBER:  1807163

DIBP REFERENCE(S):  BCC2017/4900582

MEMBER:Meredith Jackson

DATE:1 May 2019

PLACE OF DECISION:  Brisbane

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 01 May 2019 at 5:02pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency – IELTS test results – evidence received by the Tribunal ­– decision under review remitted

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 21 December 2017. The delegate refused to grant the visa on 28 February 2018.

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. Prior to the hearing, on 4 February 2019 the Tribunal received evidence of an IELTS test Report dated 24 May 2018 in which the applicant attained an overall band score of 4.5.

4. Schedule 2 of the relevant instrument in the applicant’s case, English Language Tests and Evidence Exemptions for Subclass 500 (Student) visas 2016/019 (IMMI 16/019) specifies that an overall IELTS band score of 4.5 must be  packaged with at least 20 weeks’ of ELICOS study.

5. On 14 February 2019, the Tribunal received evidence that the applicant had completed 18 weeks of an IELTS Preparation course at Queensland Academy of Technology between 8 January 2018 and 11 May 2018, and completed a further 18 weeks’ of IELTS Preparation between 11 June 2018 and 12 October 2018. The applicant provided evidence he had completed and a further two weeks’ of IELTS Preparation between 15 October 2018 and 26 October 2018.

6. 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

7. 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

   Meredith Jackson
   Member