Zhu (Migration)

[2021] AATA 235

Zhu (Migration) [2021] AATA 235 (4 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Youwei Zhu

CASE NUMBER:  1916536

HOME AFFAIRS REFERENCE(S):          BCC2019/1268881

MEMBER:Vanessa Plain

DATE:4 February 2021

PLACE OF DECISION:  Melbourne

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

·cl.500.212 of Schedule 2 to the Regulations

Statement made on 04 February 2021 at 4:40pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – offer of employment in home country to commence on completion of current course – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 500.212

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 13 March 2019. The delegate refused to grant the visa on 5 June 2019.

2. The delegate made the decision on the basis that evidence of:

   ·A written explanation for an 11 month study gap between 29 April 2018 and 25 March 2019

   ·Detailed career plans to justify obtaining the qualification in Australia instead of in China

   ·Specific value of the course to the applicant’s future/career plans

   ·Family in home country

   ·Economic ties to home country

   ·Employment ties to home country

   was not provided as required to satisfy cl 500.212 of Schedule 2 in the Migration Regulations 1994 (the Regulations), for the grant of a student visa.

3. The applicant appeared before the Tribunal on 4 February 2021 to give evidence and present arguments. The hearing was conducted with the assistance of an interpreter in the English and Mandarin languages.

4. The applicant was represented in relation to the review by his registered migration agent.

5. Prior to the hearing, the applicant provided the following documents to the Tribunal which specifically address the deficiencies pointed out by the delegate:

   ·GTE Statement (signed)

   ·Statement dated 25 January 2021 (signed)

   ·Response to Request for Student Visa Information (s 359(2) of the Act)

   ·Statement of Yan Wen Zheng dated 4 June 2020 (signed)

   ·Deed of title

   ·Offer of Employment as a junior accounting manager with Shanghai Haohe Industrial Co Ltd

   ·Signed acceptance of offer of employment

6. At the hearing, the applicant informed the Tribunal that his employment in Shanghai will commence upon his completion of his current course.  That evidence is consistent with the written offer. 

7. In light of the new evidence received specifically addressing and remediating the proper concerns held by the delegate, the Tribunal is satisfied that the applicant has satisfied cl 500.212 and has concluded that the matter should be remitted for reconsideration.

   DECISION

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

   ·cl.500.212 of Schedule 2 to the Regulations

   Vanessa Plain
   Member