Kular (Migration)

[2019] AATA 1529

Kular (Migration) [2019] AATA 1529 (26 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Sukhdev Kaur Kular

CASE NUMBER:  1815905

DIBP REFERENCE(S):  OSF2012/092257 OSF2012092257

DATE:26 February 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application to the Minister with the direction the applicant meets cl. 143.228.

WRITTEN STATEMENT OF DECISION

1. The visa applicant applied for a Contributory Parent (Migrant) (Class CA) Subclass 143 visa under s.65 of the Migration Act 1958 on 18 November 2016.

2. The delegate of the Minister for Immigration refused to grant the applicant the visa on 15 May 2018 because the applicant had failed to provide an ‘assurance of support’ accepted by the Secretary of Social Services as required under the Act: clause: 143.228.

3. On 22 January 2019 the applicant’s migration agent provided this tribunal with a copy of an Assurance of Support issued by the Australian Government, Department of Human Services (cenrtrelink), dated 31 August 2018 (found at folio 40 on this tribunal’s case file). A copy of this Assurance will be provided to the Minister along with this tribunal’s decision.

4. As the applicant has now provided an Assurance of Support as required under clause 143.228 of the Act, the appropriate course of action for this tribunal is to remit the applicant’s visa application to the Minister for further consideration.

   
   
   

   
   Statement made on 26 February 2019 at 6:30am

   CATCHWORDS

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

   LEGISLATION

   Migration Act 1958, s 65

   Migration Regulations 1994, Schedule 2, cl 143.228