Lam (Migration)

[2020] AATA 3615

Lam (Migration) [2020] AATA 3615 (19 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Shui Fung Lam

CASE NUMBER:  1922874

HOME AFFAIRS REFERENCE(S):          CLF2008/119604

MEMBER:Kira Raif

DATE:19 August 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 visa:

·cl.804.224 of Schedule 2 to the Regulations

Statement made on 19 August 2020 at 5:42pm

CATCHWORDS
MIGRATION – Aged Parent (Residence) (Class BP) visa – Subclass 804 (Aged Parent) – Assurance of Support – accepted by Centrelink – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 804.224

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 applicant a Aged Parent (Residence) (Class BP) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 13 June 2008. The delegate refused to grant the visa on 7 August 2019.

2. The delegate made the decision on the basis that evidence of an Assurance of Support (AOS) was not provided as required to satisfy cl 804.224 of the Migration Regulations 1994 (the Regulations).

3. On 19 August 2020 the Tribunal received evidence that the AOS in relation to the visa applicant was accepted by Centrelink. 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. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 804 visa:

   ·cl.804.224 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member