Mathison (Migration)

[2019] AATA 2749

Mathison (Migration) [2019] AATA 2749 (5 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Michelle Mathison

VISA APPLICANT:  Ms Agnes Roshandel

CASE NUMBER:  1825599

DIBP REFERENCE(S):  OSF2014/070983

MEMBER:Mary Urquhart

DATE:5 March 2019

PLACE OF DECISION:  Melbourne

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

·cl.143.211 of Schedule 2 to the Regulations

Statement made on 05 April 2019 at 2:15pm

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 – Second Visa Application Charge Payment – not paid within timeframe – evidence of payment – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 143.211(a)(i), 143.412

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 27 October 2014. The delegate refused to grant the visa on 27 June 2018.

2. The delegate refused to grant the visa on the basis that the applicant did not satisfy cl.143.412 of Schedule 2 to the Migration Regulations 1994 (the Regulations) as a Second Visa Application Charge Payment required before the grant of the visa was not provided by the applicant within the strict time limit available.

3. The review applicant appeared before the Tribunal on 28 February 2019 to give evidence and present arguments.

4. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

5. On 3 April 2019 the Tribunal received information from the Department that the second visa Application Charge required to be paid before the grant of any visa consideration had been paid. The Tribunal finds on the basis of the information and Department of Home Affairs receipt number 20002025387 the applicant has paid the total due in the sum of $43,600.00. In light of the evidence received, the Tribunal is satisfied it can proceed to consider the criterion for the visa.

6. Having considered all the information and evidence before it the Tribunal is satisfied that the criterion for the visa is met.

7. Amongst other things, the Tribunal is satisfied that the visa applicant is the parent of a settled (as defined) Australian citizen for the purposes of sponsoring her parent, and therefore that she meets cl. 143.211(a)(i).

   DECISION

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

   ·cl.143. 211. of Schedule 2 to the Regulations

   Mary Urquhart
   Member