JU (Migration)

[2023] AATA 1685

JU (Migration) [2023] AATA 1685 (8 June 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr LI JU

VISA APPLICANTS:  Mrs FENG ZHAO
Mr QINGPEI JU

REPRESENTATIVE:  Ms NINGNING CHEN (MARN: 1574992)

CASE NUMBER:  2209884

HOME AFFAIRS REFERENCE(S):          BCC2016/2176195

MEMBER:Anne Grant

DATE:8 June 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for  Contributory Parent (Migrant)(class CA) Contributory Parent (subclass 143) visas for reconsideration, with directions that:

·     the first named applicant meets the criteria in cl 143.228 of Schedule 2 to the Regulations; and

·     the second named applicant meets the criteria in cl 143.327 of Schedule 2 to the Regulations.

Statement made on 08 June 2023 at 10:58am

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – Assurance of Support provided upon review – decision under review remitted       

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2 cls 143.228, 143.327; r 2.25

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 Contributory Parent (Migrant) (Class CA) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 24 June 2016. The delegate refused to grant the visas on 14 May 2022.

2. The delegate made the decision in each case because an Assurance of Support had not been provided which included both the primary and secondary applicants, as required by clauses 143.228 and 143.327 respectively of Schedule 2 to the Regulations (though the delegate referred only to cl 143.228 in their decision.) An examination of the departmental file discloses that the primary applicant is Mrs Feng Zhao and the secondary applicant is Mr Qingpei JU.

3. On 6 December 2022 the Tribunal received evidence that an Assurance of Support had been accepted on 21 November 2022 by the Secretary of Social Services, covering both the primary and secondary applicant.  In light of the new evidence received, the Tribunal is satisfied that the criteria applicable to assurances of support are now met and has concluded that the matters 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.

   DECISION

5. The Tribunal remits the applications for Contributory Parent (Migrant)(class CA) Contributory Parent (subclass 143) visas for reconsideration, with directions that:

   ·    the first named applicant meets the criteria in cl 143.228 of Schedule 2 to the Regulations; and

   ·    the second named applicant meets the criteria in cl 143.327 of Schedule 2 to the Regulations

   Anne Grant
   Member