Abdelmalak (Migration)

[2019] AATA 2016

Abdelmalak (Migration) [2019] AATA 2016 (28 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Evon Fayez Ibrahim Abdelmalak

CASE NUMBER:  1824432

DIBP REFERENCE(S):  CLF2014/77986

MEMBER:Mary Urquhart

DATE:28 March 2019

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 836 visa:

·cl.836.227 of Schedule 2 to the Regulations

Statement made on 28 March 2019 at 2:51pm

CATCHWORDS

MIGRATION – Other Family (Migrant) (Class BO) visa – Subclass 836(Carer) visa – new Form 40 provided – sponsorship remains in force – decision under review remitted

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 836.227

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 an Other Family (Residence) (Class BU) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 29 May 2014. The delegate refused to grant the visa on 17 August 2018.

2. The delegate made the decision on the basis that the applicant has not provided a new form 40 from their sponsor or any other information to demonstrate that sponsorship for this application remains in force as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).accordingly the applicant did not satisfy cl.836.227 in Schedule 2 of the Regulations.

3. On 11 February 2019 the Tribunal received a new Form 40 dated 11 February 2019. 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 836 visa:

   ·cl.836.227 of Schedule 2 to the Regulations

   Mary Urquhart
   Member