DABLIZ (Migration)

[2019] AATA 1111

DABLIZ (Migration) [2019] AATA 1111 (9 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs RIMA DABLIZ
Mr Amer TOUTOUNJI
Mr ABDALLAH TOUTOUNJI

CASE NUMBER:  1809384

DIBP REFERENCE(S):  OSF2011/058491 OSF2011058491

MEMBER:Jane Marquard

DATE:9 January 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 143 visa:

·cl.143.228 of Schedule 2 to the Regulations

Statement made on 09 January 2019 at 3:24pm

CATCHWORDS
MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – evidence of acceptance of Assurances of Support of applicants 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 Immigration to refuse to grant the applicants Contributory Parent (Migrant) (Class CA) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 17 November 2014. The delegate refused to grant the visas on 26 March 2018.

2. The delegate made the decision on the basis that the delegate was not satisfied that an assurance of support in relation to the applicants had been accepted by the Secretary of Social Services. Therefore Clause 142.228 of the Migration Regulations 1994 (the Regulations) was not met.

3. On 8 October 2018 the Tribunal received copies of letters from Centrelink accepting the Assurances of Support of the applicants. In light of the new evidence received, the Tribunal is satisfied that Clause 143.228 is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations

   Jane Marquard
   Member