Kang (Migration)

[2017] AATA 2604

Kang (Migration) [2017] AATA 2604 (1 August 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Jing Kang

VISA APPLICANT:  Mrs Hailing Wei

CASE NUMBER:  1711850

DIBP REFERENCE(S):  2013/088190

MEMBER:Kate Millar

DATE:1 August 2017

PLACE OF DECISION:  Adelaide

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

· cl.143.228 of Schedule 2 to the Migration Regulations 1994.

Statement made on 01 August 2017 at 4:34pm

CATCHWORDS
Migration – Contributory Parent (Migrant) (Class CA) – Subclass 143 – Assurance of support – Accepted by the Secretary of Social Services

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 on 8 May 2017 to refuse to grant Mrs Wei 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 13 November 2013. The delegate refused to grant the visa on the basis that an assurance of support in relation to Mrs Wei had not been accepted by the Secretary of Social Services.

3. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

4. The criteria for a Contributory Parent (Migrant)(Class CA) visa are contained in Part 143 of Schedule 2 of the Migration Regulations 1994.

5. Clause 143.228 requires that at the time of the decision the Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

6. At the time the delegate made the decision, Mrs Wei had not provided an assurance of support.  Advice that an assurance of support accepted the Secretary of Social Services was provided to the Tribunal on 27 July 2017. 

7. As a result, Mrs Wei now meets cl.143.228, and the appropriate course is to remit this matter to the Minister to consider the remaining criteria for the grant of the visa.

   DECISION

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

   ·cl.143.228 of Schedule 2 to the Regulations.

   Kate Millar
   Member