Lam (Migration)

[2019] AATA 6124

Lam (Migration) [2019] AATA 6124 (18 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Quang Vu Lam

VISA APPLICANTS:  Mr Van Hai Lam
Mrs Thi Dat Nguyen

CASE NUMBER:  1817769

DIBP REFERENCE(S):  2009/073770

MEMBER:Kira Raif

DATE:18 October 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for Parent (Migrant) (Class AX) visas for reconsideration, with the direction that the first named visa applicant meets the following criteria for a Subclass 103 (Parent) visa:

·cl.103.226 of Schedule 2 to the Regulations

Statement made on 18 October 2019 at 10:02am

CATCHWORDS

MIGRATION – Parent (Migrant) (Class AX) visa – Subclass 103 (Parent) – evidence of an accepted Assurance of Support – Assurance of Support provided upon review  – decision under review remitted  

LEGISLATION

Migration Act 1958, ss 5, 65, 351
Migration Regulations 1994, Schedule 2, cls 103.226

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 visa applicants Parent (Migrant) (Class AX) visas under s.65 of the Migration Act 1958 (the Act).

2. The visa applicants applied for the visa on 23 October 2009. The delegate refused to grant the visas on 7 June 2018 on the basis that cl.103.226 of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not satisfied because the applicants failed to present evidence of an accepted Assurance of Support (AOS).

3. No hearing was held in this case because the Tribunal was able to make a favourable decision on the material before it.

   Relevant law

4. At the time the visa application was lodged, the Parent (Migrant) (Class AX) visa contained Subclass 103 (Parent): Item 1124 of Schedule 1 to the Regulations. The criteria for a Subclass 103 visa are set out in Part 103 of Schedule 2 to the Regulations.

5. At the time of decision, one of the primary criteria to be satisfied is that an assurance of support has been accepted by the Department of Family and Community Services: cl.103.226.

   Has the Assurance of Support been accepted?

6. The applicant provided to the Tribunal a copy of the primary decision record. It indicates that the delegate wrote to the applicants in February 2018 and made further attempts to contact the applicants in May 2018 requesting evidence that the AOS has been lodged and accepted. The delegate was unable to contact the applicants and no evidence of the AOS was provided.

7. In September 2019 the review applicant provided to the Tribunal evidence that the AOS has been accepted by Centrelink. The AOS covers both visa applicants. On the basis of this information the Tribunal is satisfied that an Assurance of Support in relation to the visa applicants has been accepted by the Secretary of the Department of Family and Community Services. The Tribunal is satisfied that the applicants meet cl. 103.226.

   Conclusion

8. For the reasons given above the Tribunal finds the visa applicants satisfy the requirements of cl.103.226

   DECISION

9. The Tribunal remits the applications for Parent (Migrant) (Class AX) visas for reconsideration, with the direction that the first named visa applicant meets the following criteria for a Subclass 103 (Parent) visa:

   ·cl.103.226 of Schedule 2 to the Regulations; and

   Kira Raif
   Senior Member