Hidellearachchi (Migration)

[2023] AATA 2255

Hidellearachchi (Migration) [2023] AATA 2255 (28 April 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Gayani Darshana Ganga Hidellearachchi

VISA APPLICANTS:  Mr Jayadasa Walpitagamage
Mrs Hettiarachchige Camalin Gerthrude Perera Walpitagama

CASE NUMBER:  2101321

HOME AFFAIRS REFERENCE(S):          2010/001340

MEMBER:Justin Meyer

DATE:28 April 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 103 visa:

·cl 103.226 of Schedule 2 to the Regulations

Statement made on 28 April 2023 at 2:29pm

CATCHWORDS
MIGRATION – Parent (Migrant) (Class AX) visa – Subclass 103 (Parent) – Assurance of Support (AOS) – accepted by Centrelink – 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 applicants Parent (Migrant) (Class AX) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 25 January 2010. The delegate refused to grant the visas on 25 January 2021.

2. The delegate refused to grant the visas on 7 June 2018 on the basis that cl.103.226 of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not satisfied because the applicants failed to present evidence of an accepted Assurance of Support (AOS)

3. On 5 February 2023 the Tribunal received a Centrelink assurance of support and bank guarantee assurance of support from Commonwealth bank for Gayani Darshana Ganga Hidellearachchi, mentioning the visa applicants. 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 applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   Relevant law

5. At the time the visa application was lodged, the Parent (Migrant) (Class AX) visa contained Subclass 103 (Parent): Item 1124 of Schedule 1 to the Regulations. The criteria for a Subclass 103 visa are set out in Part 103 of Schedule 2 to the Regulations.

6. At the time of decision, one of the primary criteria to be satisfied is that an assurance of support has been accepted by the Department of Family and Community Services: cl.103.226.

   Has the Assurance of Support been accepted?

7. The review applicant provided to the Tribunal evidence that the AOS has been accepted by Centrelink. The AOS covers both visa applicants. On the basis of this information the Tribunal is satisfied that an Assurance of Support in relation to the visa applicants has been accepted by the Secretary of the Department of Family and Community Services. The Tribunal is satisfied that the applicants meet cl. 103.226.

   Conclusion

8. For the reasons given above the Tribunal finds the visa applicants satisfy the requirements of cl.103.226

   DECISION

9. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 103 visa:

   ·cl 103.226 of Schedule 2 to the Regulations

   Justin Meyer
   Member