WICKRAMAARACHIGE (Migration)

[2019] AATA 4822

WICKRAMAARACHIGE (Migration) [2019] AATA 4822 (15 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  LAHIRU AKALALANKA PETER WICKRAMAARACHIGE

CASE NUMBER:  1807516

DIBP REFERENCE(S):  BCC2018/378262

MEMBER:P. Wood

DATE:15 October 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 15 October 2019 at 5:17pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa– evidence of English language ability provided – 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 23 January 2018. The delegate refused to grant the visa on 7 March 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. The applicant has since provided the Tribunal with a copy of a PTE report with an overall score of 79. 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