TSANG (Migration)

[2018] AATA 3769

TSANG (Migration) [2018] AATA 3769 (8 August 2018)

CORRIGENDUM

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Cho Man TSANG

CASE NUMBER:  1821739

DIBP REFERENCE(S):  BCC2018/2290774

MEMBER:Penelope Hunter

DATE OF DECISION:  8 August 2018

DATE CORRIGENDUM

SIGNED:25 September 2018

PLACE OF DECISION:  Sydney

AMENDMENT:  The following corrections are made to the decision:

·The clause ‘cl.500.113’ in the direction on page 1 should be replaced with ‘cl.500.213’.

·The clause ‘cl.500.113’ ‘’ at paragraph 5 should be replaced with ‘cl.500.213’.

Penelope Hunter
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Cho Man TSANG

CASE NUMBER:  1821739

DIBP REFERENCE(S):  BCC2018/2290774

MEMBER:Penelope Hunter

DATE:8 August 2018

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.500.113 of Schedule 2 to the Regulations

Statement made on 08 August 2018 at 3:30pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Evidence of English language ability – IELTS Test Report Form – Overall band score – Decision under review affirmed

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 28 May 2018. The delegate refused to grant the visa on 9 July 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. On 26 July 2018 the Tribunal received an IELTS Test Report Form for a test undertaken by the applicant on 5 May 2018, recording that the applicant received an overall band score of 7.0. Clause 500.213 of Schedule 2 to the Regulations sets out that, if required by the Minister, the applicant is to give evidence that they have a satisfactory level of English language proficiency. The relevant requirements for this clause are set out the legislative instrument Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018 (IMMI 18/015). Under IMMI 18/015 the IELTS is a relevant  English language test and the applicant’s score of 7.0 is above the minimum required score of 5.5.

4. 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

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

   ·cl.500.113 of Schedule 2 to the Regulations

   Penelope Hunter
   Member