Li (Migration)

[2021] AATA 2976

Li (Migration) [2021] AATA 2976 (25 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Xuchen Li

VISA APPLICANTS:  Mr Guangyuan Li
Ms Qirong Zhou

CASE NUMBER:  2105132

HOME AFFAIRS REFERENCE(S):          2009/071825 PNJ

MEMBER:Kira Raif

DATE:25 June 2021

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 103 visa:

·cl.103.226 of Schedule 2 to the Regulations

Statement made on 25 June 2021 at 5:28pm

CATCHWORDS
MIGRATION – Parent (Migrant) (Class AX) visa – Subclass 103 (Parent) – Assurance of Support (AOS) – accepted by Centrelink – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 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 Home Affairs to refuse to grant the applicants Parent (Migrant) (Class AX) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 29 June 2009. The delegate refused to grant the visas on 22 September 2020.

2. The delegate made the decision on the basis that evidence of an Assurance of Support (AOS) was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. In April 2021 the Tribunal received from the review applicant evidence that the AOS had been accepted by Centrelink with respect to both visa applicants. 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 applicants 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 first named applicant meets the following criteria for a Subclass 103 visa:

   ·cl.103.226 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member