Burlakova (Migration)

[2020] AATA 3368

Burlakova (Migration) [2020] AATA 3368 (3 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Fauziya Burlakova

CASE NUMBER:  1924406

HOME AFFAIRS REFERENCE(S):          CLF2015/43198

MEMBER:Mary Urquhart

DATE:3 July 2020

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 804 visa:

·cl.804.225 of Schedule 2 to the Regulations

Statement made on 03 July 2020 at 2:54pm

CATCHWORDS
MIGRATION – Aged Parent (Residence) (Class BP) visa – Subclass 804 (Aged Parent) – health criteria – new evidence received – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 804.225; Schedule 4, PIC 4005

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 Aged Parent (Residence) (Class BP) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 7 September 2015. The delegate refused to grant the visa on 28 August 2019.

2. The delegate made the decision on the basis that evidence that the applicant Mrs Fauziya Burlakova meets Public Interest Criteria (PIC) 4005 under cl.804.225 was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 5 June 2020 the Tribunal received an opinion from a Senior Officer of the Commonwealth (MOC) indicating that Mrs Burlakova now meets the health requirements. 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.

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 804 visa:

   ·cl.804.225 of Schedule 2 to the Regulations

   Mary Urquhart
   Member