Ha (Migration)

[2019] AATA 1939

Ha (Migration) [2019] AATA 1939 (13 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Thi Thanh Trang Ha

VISA APPLICANT:  Mrs Thi Duc Nguyen

CASE NUMBER:  1822150

DIBP REFERENCE(S):  OSF2014/070918

MEMBER:Angela Cranston

DATE:13 February 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a Contributory Parent (Migrant) (Class CA) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 143 (Contributory Parent) visa:

cl.143.228 of Schedule 2 to the Regulations

Statement made on 13 February 2019 at 2:19pm

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) – Subclass 143 (Contributory Parent) – assurances of support in relation to applicant had not been accepted – assurance of support in relation to the applicant has been accepted – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 on 28 May 2018 to refuse to grant the visa applicant a Contributory Parent (Migrant) (Class CA) Subclass 143 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 28 October 2014. The delegate refused to grant the visa on the basis that an assurance of support in relation to the applicant had not been accepted by the Secretary of Social Services and therefore cl.143.228 was not met.

3. The review applicant applied for review. The Tribunal was provided a letter dated 17 January 2019 from Centrelink stating that they had accepted an assurance of support for the applicant.

   FINDINGS AND REASONS

4. The issue in this case is whether the applicant meets the requirements of cl.143.228. This clause provides that, at the time of decision, the Minister is satisfied that an Assurance of Support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

5. On the evidence before it, the Tribunal finds that an Assurance of Support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

6. For the reasons given above the Tribunal finds the applicant satisfies the requirements of cl.143.228.

   DECISION

7. The Tribunal remits the application for a Contributory Parent (Migrant) (Class CA) visas for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 143 (Contributory Parent) visa:

   cl.143.228 of Schedule 2 to the Regulations

   Angela Cranston
   Member