KAN (Migration)

[2018] AATA 4951

KAN (Migration) [2018] AATA 4951 (22 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Bean Ka Hung KAN

VISA APPLICANTS:  Mr Chung Kin Kan
Mrs Lai King Kan Yeung

CASE NUMBER:  1824985

DIBP REFERENCE(S):  2014/064530

MEMBER:Russell Matheson

DATE:22 October 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 143 visa:

·cl.143.228 of Schedule 2 to the Regulations and;

·the secondary applicant meets cl.143.321 of Schedule 2 to the Regulations.

Statement made on 22 October 2018 at 7:50am

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) – Subclass 143 (Contributory Parent) – assurance of support – evidence provided – decision under review remitted for reconsideration

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2 cls 143.228, 143.321

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 applicants applied for the visas on 9 October 2014. The delegate refused to grant the visas on 21 June 2018.

2. The delegate made the decision on the basis that evidence of Assurance of Support was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 4 September 2018 the Tribunal received correspondence from the review applicant’s migration agent that Mr Bean Kan (review applicant) had been notified by Centrelink that his Assurance of Support application had been accepted by the Secretary of Social Services. 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. As the primary applicant meets cl.143.228, it follows that the secondary applicant meets cl.143.321 of Schedule 2 to the Regulations at the time of decision.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations and;

   the secondary applicant meets

   ·cl.143.321 of Schedule 2 to the Regulations.

   Russell Matheson
   Member