Li (Migration)

[2023] AATA 445

Li (Migration) [2023] AATA 445 (6 March 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Siu Ping Li

REPRESENTATIVE:  Mr Xin Wang (MARN: 0427529)

CASE NUMBER:  2215017

HOME AFFAIRS REFERENCE(S):          BCC2016/2139845

MEMBER:David Crawshay

DATE:6 March 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets cl.143.228 of Schedule 2 to the Regulations.

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory 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 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 Home Affairs to refuse to grant the applicant a Contributory Parent (Migrant) (Class CA) visa under s.65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 22 June 2016. The delegate refused to grant the visa on 22 September 2022 on the basis that there was no evidence that an Assurance of Support had been accepted by Centrelink, as is required by cl.143.228 of the Migration Regulations 1994 (Cth). On 10 February 2023, the Tribunal received a letter dated 23 December 2023 from Centrelink stating that the application to provide an Assurance of Support in respect of the applicant had been accepted. In light of this, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   decision

2. The Tribunal remits the application for reconsideration, with the direction that the applicant meets cl.143.228 of Schedule 2 to the Regulations.

   David Crawshay
   Member

   
   

   
   Statement made on 06 March 2023 at 9:48am