Chhay (Migration)

[2020] AATA 2840

Chhay (Migration) [2020] AATA 2840 (3 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Leng Chhay

CASE NUMBER:  1810836

HOME AFFAIRS REFERENCE(S):          OSF2013081412

MEMBER:Kira Raif

DATE:3 June 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 03 June 2020 at 11:02am

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, ss 65, 360

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 17 November 2015. The delegate refused to grant the visa on 11 April 2018.

2. The delegate made the decision on the basis that evidence of an accepted Assurance of Support (AOS) has not been provided to satisfy cl. 143.228 of the Migration Regulations 1994 (the Regulations).

3. On 3 June 2020 the Tribunal received evidence that the AOS 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 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member