Kasher (Migration)

[2017] AATA 2103

Kasher (Migration) [2017] AATA 2103 (27 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ido Kasher

CASE NUMBER:  1616471

DIBP REFERENCE(S):  CLF2008/15203

MEMBER:Kira Raif

DATE:27 October 2017

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for an Aged Parent (Residence) (Class BP) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 (Aged Parent) visa:

·cl.804.224 of Schedule 2 to the Regulations.

Statement made on 27 October 2017 at 12:20pm

CATCHWORDS

Migration – Aged Parent (Residence) (Class BP) visa – Subclass 804 (Aged Parent) – Assurance of Support – Accepted by Centrelink

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2 cl 804.224

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to grant the applicant an Aged Parent (Residence) (Class BP) visa under s.65 of the Migration Act 1958 (the Act).
The visa applicant is a national of Israel, born in April 1939. He made the application for the visa on 22 January 2008. The delegate refused to grant the visa on 16 September 2016 on the basis that cl.804.224 because the applicant failed to provide the required Assurance of Support (AOS). The applicant seeks review of the delegate’s decision.
The Tribunal determined that a hearing in this case was not necessary as it was able to make a favourable decision ‘on the papers’. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

Has the Assurance of Support been made and accepted?

One of the requirements contained in clause 804.224 is that an Assurance of Support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.
The primary decision record, a copy of which the applicant provided to the Tribunal, indicates that the applicant was requested to provide an Assurance of Support but tailed to do so. The applicant explained in his correspondence to the Tribunal the reasons why the AOS had been delayed.
In September 2017 the applicant provided to the Tribunal evidence that the AOS has been accepted by Centrelink. On the basis of this information the Tribunal 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. The Tribunal is satisfied that the applicant meets cl. 804.224.

Conclusion

Given the findings above, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 804 visa.

DECISION

The Tribunal remits the application for an Aged Parent (Residence) (Class BP) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 (Aged Parent) visa:

·cl.804.224 of Schedule 2 to the Regulations

Kira Raif
Senior Member