Chen (Migration)

[2020] AATA 4227

Chen (Migration) [2020] AATA 4227 (6 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Mia Chen

VISA APPLICANT:  Mr Kai Chen

CASE NUMBER:  1928630

HOME AFFAIRS REFERENCE(S):          OSF2009/069680

MEMBER:Kira Raif

DATE:6 October 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 103 visa:

·cl.103.226 of Schedule 2 to the Regulations

Statement made on 06 October 2020 at 11:42am

CATCHWORDS
MIGRATION – Parent (Migrant) (Class AX) visa – Subclass 103 (Parent) – evidence that assurance of support accepted by Centrelink provided to tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 103.226

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 Parent (Migrant) (Class AX) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 30 March 2009. The delegate refused to grant the visa on 20 August 2019.

2. The delegate made the decision on the basis that evidence of an accepted Assurance of Support (AOS) was not provided as required to satisfy cl. 103.226 of the Migration Regulations 1994 (the Regulations).

3. On 6 October 2020 the Tribunal received evidence that an AOS in relation to the visa applicant has been accepted by Centrelink. 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 103 visa:

   ·cl.103.226 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member