Yang (Migration)

[2020] AATA 4457

Yang (Migration) [2020] AATA 4457 (11 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ling Yang

CASE NUMBER:  2000616

HOME AFFAIRS REFERENCE(S):          BCC2019/5589923

MEMBER:P. Wood

DATE:11 August 2020

PLACE OF DECISION:  Melbourne, Victoria

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 of 11 August 2020 at 2:35 pm

CATCHWORDS
MIGRATION –Student (Temporary) (Class TU) visa – subclass 500 (Student) visa–English requirements met – evidence 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 Home Affairs 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 6 November 2019. The delegate refused to grant the visa on 6 January 2020.

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 evidence of achieving 4.5 in IELTS, together with 20 weeks of ELICOS. In light of the evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

4. 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.

   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.500.213 of Schedule 2 to the Regulations

   P. Wood
   Senior Member