LIU (Migration)

[2018] AATA 2375

LIU (Migration) [2018] AATA 2375 (28 June 2018)

.

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr YANG LIU

VISA APPLICANT:  Ms Xiulan Yang

CASE NUMBER:  1816695

DIBP REFERENCE(S):  2013/085406

MEMBER:Russell Matheson

DATE:28 June 2018

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.

Statement made on 28 June 2018 at 2:06pm

CATCHWORDS
Migration – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – Assurance of Support accepted – Decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2 cl143.228

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 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 12 July 2013. The delegate refused to grant the visa on 3 May 2018.

2. The delegate made the decision on the basis that no evidence of an assurance of support in relation to the visa applicant (Ms Xiulan Yang) had been accepted from the Secretary of the Department of Family and Community Services and was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 18 June 2018 the Tribunal received a copy of a letter from the Department of Human Services (Centrelink) that the application by Mrs Ling Lou to provide an Assurance of Support lodged on 23 February 2018 for the visa applicant (Ms Xiulan Yang) had been accepted.  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.

   DECISION

4. 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.

   Russell Matheson
   Member