Venkataraman (Migration)

[2023] AATA 3566

Venkataraman (Migration) [2023] AATA 3566 (24 October 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Padmapriya Venkataraman
Mr Senthil Nathan Perumal
Mr Mohnish Senthilnathan Perumal
Mr Jai Adithyaa Senthilnathan Perumal

REPRESENTATIVE:  Mr Anthony W Takchi (MARN: 0639252)

CASE NUMBER:  2313302

HOME AFFAIRS REFERENCE(S):          BCC2023/3245585

MEMBER:Penelope Hunter

DATE:24 October 2023

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 500 visa:

·cl 500.213 of Schedule 2 to the Regulations

Statement made on 24 October 2023 at 12:55pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language ability – specified test score report provided to tribunal – decision made without hearing necessary – members of family unit – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
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 Home Affairs to refuse to grant the applicants Student (Temporary) (Class TU) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 9 June 2023. The delegate refused to grant the visas on 10 August 2023.

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 (Cth) (the Regulations).

3. On 4 September 2023, the applicant submitted a Pearson PTE Academic Score Report for a test undertaken on 2 September 2023. This recorded that the applicant had received an overall score of 50. This is above the minimum score of 42, as is required by the relevant legislative instrument; Migration (IMMI 18/015: English Language Tests and Evidence of Exemptions for Subclass 500 (Student) Visa) Instrument 2018, for the purposes of cl 500.213 of Schedule 2 to the Regulations.

4. In light of the new evidence received, the Tribunal is satisfied that the criterion in cl 500.213 of Schedule 2 is met and has concluded that the matter should be remitted for reconsideration.

5. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

6. As the Tribunal is remitting the decision in respect of the applicant, the review applications for the second, third and fourth named applicants who are seeking the visa as a member of his family unit are also remitted for reconsideration of the remaining visa criterion.

7. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

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

   ·cl 500.213 of Schedule 2 to the Regulations

   Penelope Hunter
   Member