Li (Migration)

[2023] AATA 1829

Li (Migration) [2023] AATA 1829 (8 June 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Fengyi Li

VISA APPLICANTS:  Mrs Qing Chen
Mr Zhiyou Li

REPRESENTATIVE:  Mr Tiantao Zhang

CASE NUMBER:  2204430

HOME AFFAIRS REFERENCE(S):          BCC2016/1796005

MEMBER:Anne Grant

DATE:8 June 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with directions that:

·the first named applicant meets the criteria in cl 143.228 of Schedule 2 to the Regulations; and

·the second named applicant meets the criteria in cl 143.327 of Schedule 2 to the Regulations.

Statement made on 08 June 2023 at 10:25am

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – evidence that assurance of support accepted by Social Services – member of family unit – decision made without hearing necessary – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

Migration Regulations 1994 (Cth), Schedule 2, cls 143.228, 143.327

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 applicants Contributory Parent (Migrant) (Class CA) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 20 May 2016. The delegate refused to grant the visas on 21 January 2022.

2.    The delegate made the decision in each case because an assurance of support had not been provided as required which included both the primary and secondary applicants, as required by clauses 143.228 and 143.327 respectively of Schedule 2 to the Regulations.   

3.    On 19 May 2023 the Tribunal received evidence that an Assurance of Support had been accepted on 28 March 2022 by the Secretary of Social Services, covering both the primary and secondary applicant.  In light of the new evidence received, the Tribunal is satisfied that the criteria applicable to assurances of support are now met and has concluded that the matters 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 applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

DECISION

5.    The Tribunal remits the applications for reconsideration, with directions that:

·    the first named applicant meets the criteria in cl 143.228 of Schedule 2 to the Regulations; and

·    the second named applicant meets the criteria in cl 143.327 of Schedule 2 to the Regulations

Anne Grant
Member