Chen (Migration)

[2020] AATA 6005

Chen (Migration) [2020] AATA 6005 (19 November 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Chen Chen

VISA APPLICANT:  Mrs Xiuqing Chai

CASE NUMBER:  2011632

HOME AFFAIRS REFERENCE(S):          BCC2015/3401366

MEMBER:Kira Raif

DATE:19 November 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 143 visa:

·cl.143.228 of Schedule 2 to the Regulations

Statement made on 19 November 2020 at 12:06pm

CATCHWORDS

MIGRATION – Contributory Parent (Class CA) visa – Subclass 143 (Migrant) visa – copy of an Assurance of Support provided – decision under review remitted

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 143.228

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 Contributory Parent (Migrant) (Class CA) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 18 November 2015. The delegate refused to grant the visa on 25 June 2020.

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

3. In October 2020 the Tribunal received evidence that the AOS with respect to the visa applicant has been approved. 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 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member