Malone (Migration)

[2019] AATA 2676

Malone (Migration) [2019] AATA 2676 (6 June 2019)

WRITTEN STATEMENT OF DECISION

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Janet Hazell Malone
Mr Colin Neil Malone

CASE NUMBER:  1834306

DIBP REFERENCE(S):  CLF2014/134551 CLF2018/43143

MEMBER:Nicholas McGowan

DATE:6 June 2019

PLACE OF DECISION:  Melbourne

DECISION:This tribunal remits these Other Family (Residence) (Class BU) Subclass 836 visa applications with the direction the applicants meet section 65 (1)(a)(iv) of the Act for the purposes of subclass 836 visas.

CATCHWORDS

MIGRATION – Other Family (Residence) (Class BU) visa – Subclass 836 (Carer visa) – applicant failed to pay the charge – evidence of payment provided – decision under review remitted

LEGISLATION

Migration Act 1958, s 65

REVIEW

1. The visa applicants applied for the visas on 10 November 2014.

2. The applicants failed to pay the second instalment of their visa application charge. Accordingly, on 2 November 2018, a minister’s delegate found the applicants did not meet section 65 (1)(a)(iv) of the Act because they had failed to pay the charge.

3. The applicants validly appealed the minister’s visa refusals to this tribunal on 22 November 2018.

4. On 25 June 2019 this tribunal conducted a public hearing. By the afternoon of that same day, the applicants provided this tribunal with evidence of payment of their visa application charge as specified by the Department of Home Affairs Invoice. The relevant documentary evidence will be shared with the minister and department (folios 32-34 of this tribunal’s file).

   FINDINGS

5. Given the above, the applicants have satisfied this tribunal that at the time of this decision the applicants satisfy section 65 (1)(a)(iv) of the Act.

6. As the applicants have demonstrated to this tribunal they satisfy the relevant criteria as outlined above, the appropriate course is to remit the visa applications to the Minister for further consideration.

   Statement made on 26 June 2019 at 12:43pm