Li (Migration)

[2017] AATA 1401

Li (Migration) [2017] AATA 1401 (17 August 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Tian Li

VISA APPLICANTS:  Mr Shiming LI
Mrs Lan Lin

CASE NUMBER:  1614951

DIBP REFERENCE(S):  OSF2014/084294

MEMBER:Kira Raif

DATE:17 August 2017

PLACE OF DECISION:  Sydney

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

·    cl.143.228 of Schedule 2 to the Regulations 

Statement made on 17 August 2017 at 7:16am

CATCHWORDS

Migration – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – Assurance of support – Subsequent evidence that Assurance of Support accepted by Department of Family and Community Services

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 1, Item 1130(4), 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 30 August 2016 to refuse to grant the visa applicant a Contributory Parent (Migrant) (Class CA) Subclass 143 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicants applied for the visa on 4 March 2014. The delegate refused to grant the visas on the basis that cl. 143.228 was not met because there was no evidence that an Assurance of Support (AOS) being approved. The sponsor (the review applicant) seeks review of the delegate’s decision.

3. 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.

   Relevant law

4. At the time the visa application was lodged, the Contributory Parent (Migrant) (Class CA) visa contained only one Subclass 143: Item 1130(4) of Schedule 1 to the Regulations. The criteria for a Subclass 143 visa are set out in Part 143 of Schedule 2 to the Regulations.

5. One of the requirements contained in clause 143.228 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.

   Has the Assurance of Support been made and accepted?

6. The primary decision record, a copy of which the review applicant provided to the Tribunal, indicates that the applicants were requested to provide an Assurance of Support, police clearance certificates and other documents, but tailed to do so. The review applicant explained in her correspondence to the Tribunal that some documents were available but other took more time. Following the lodgement of the review application, the review applicant provided to the Tribunal the police certificates, however, as the delegate’s findings are limited to cl. 143.228, the Tribunal makes no findings in relation to the visa applicants’ character.

7. In April 2017 the review 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 applicants has been accepted by the Secretary of the Department of Family and Community Services. The Tribunal is satisfied that the first named visa applicant meets cl. 143.228.

   DECISION

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

   ·            cl.143.228 of Schedule 2 to the Regulations 

   Kira Raif
   Senior Member