Bui (Migration)

[2022] AATA 287

Bui (Migration) [2022] AATA 287 (9 February 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Thi Song Phuong Bui
Mr Hoang Vo

CASE NUMBER:  2104965

HOME AFFAIRS REFERENCE(S):          BCC2020/2129104

MEMBER:Steven Griffiths

DATE:9 February 2022

PLACE OF DECISION:  Adelaide

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the visa applicants meet the following criteria for a Subclass 173 visa:

·cl 143.228(1) of Schedule 2 to the Regulations.

Statement made on 09 February 2022 at 3:47pm

CATCHWORDS
MIGRATION – Contributory Parent (Temporary) (Class UT) visa – Subclass 143 (Contributory Parent) – evidence that assurance of support lodged and approved provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 143.228(1)

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 applicants Contributory Parent (Temporary) (Class UT) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 12 August 2020. The delegate refused to grant the visas on 29 March 2021.

2. The delegate made the decision on the basis that evidence of a Centrelink approved Assurance of Support by the sponsor was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 7 January 2022 the Tribunal received a document from Centrelink dated 17 December 2021 confirming that an Assurance of Support had been lodged and approved.

4. 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.

5. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

6. The Tribunal remits the applications for reconsideration, with the direction that the visa applicants meet the following criteria for a Subclass 173 visa:

   ·cl 143.228(1) of Schedule 2 to the Regulations

   Steven Griffiths
   Member