Udham Singh (Migration)

[2019] AATA 5008

Udham Singh (Migration) [2019] AATA 5008 (13 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Udham Singh

CASE NUMBER:  1928445

DIBP REFERENCE(S):  BCC2019/4318718

MEMBER:P. Wood

DATE:13 November 2019

PLACE OF DECISION:  Perth

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 13 November 2019 at 3:38pm

CATCHWORDS

MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – English language ability – evidence provided upon review – 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 29 August 2019. The delegate refused to grant the visa on 3 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. The applicant has since provided evidence of the substantial completion of a Diploma of International Business. 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