Batnasan (Migration) - [2020] AATA 3265

Batnasan (Migration) [2020] AATA 3265 (7 August 2020)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANTS:  Badamkhand Batnasan
Altangerel Lodoi - Osor
CASE NUMBER:  1922129
HOME AFFAIRS REFERENCE(S):          BCC2019/1751051
MEMBER:P. Wood
DATE:7 August 2020
PLACE OF DECISION:  Melbourne, Victoria
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 7 August 2020 at 3:00pm

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency – evidence of enrolment in registered ELICOS course provided to tribunal – 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

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 (the Act). The applicants applied for the visas on 9 April 2019. The delegate refused to grant the visas on 23 July 2019.
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).
The applicants appeared before the Tribunal on 7 August 2020 by telephone to give evidence and present arguments.
The first named applicant provided proof of her enrolment in an ELICOS course. 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.
DECISION
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
P. Wood
Senior Member

Details

AGLC: Batnasan (Migration) [2020] AATA 3265
Case: [2020] AATA 3265
Decision Date: 7 August 2020

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application by the first named applicant for a Subclass 500 (Student) visa. The dispute concerned whether the applicant met the English language proficiency requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the English language proficiency criterion, specifically cl.500.213 of Schedule 2 to the Regulations.

The Tribunal found that the first named applicant had provided evidence of her enrolment in a registered English Language Intensive Courses for Overseas Students (ELICOS) course. In light of this evidence, the Tribunal was satisfied that the criterion was met. Consequently, the Tribunal remitted the application for reconsideration, with a direction that the first named applicant meets the English language proficiency criteria for the Subclass 500 visa.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

The first named applicant provided proof of her enrolment in an ELICOS course. 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.DECISION 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 RegulationsP. WoodSenior Member

Ratio Decidendi

Legal Principle Established

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