Lin (Migration)

[2020] AATA 2305

Lin (Migration) [2020] AATA 2305 (6 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Jing Lin

VISA APPLICANT:  Ms Jianmei Song

CASE NUMBER:  1928059

HOME AFFAIRS REFERENCE(S):          2015/027940 OSF2015/027940

MEMBER:Kira Raif

DATE:6 May 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 143 visa:

·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 made on 06 May 2020 at 4:59pm

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 (the Act). The applicant applied for the visa on 30 June 2015. The delegate refused to grant the visa on 10 September 2019.

2. The delegate made the decision on the basis that evidence of the 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 January 2020 the applicant provided to the Tribunal evidence that the AOS has been accepted by Centrelink. In light of the new evidence received, the Tribunal is satisfied that cl. 143.228 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 applicant 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 applicant meets the following criteria for a Subclass 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member