Neo (Migration)

[2021] AATA 2826

Neo (Migration) [2021] AATA 2826 (28 July 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Dr Jaclyn Huimin Neo

VISA APPLICANTS:  Mr Chye Lye David Neo
Ms Lye Kuen Pamela See
Mr Shang Yang Marcus Neo

CASE NUMBER:  1820110

HOME AFFAIRS REFERENCE(S):          OSF2013/079967

MEMBER:Kira Raif

DATE:28 July 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 143 visa:

·cl.143.228 of Schedule 2 to the Regulations

Statement made on 28 July 2021 at 09:45am

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – evidence of acceptance of assurance of support provided to tribunal – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2, cl 143.228

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 Home Affairs to refuse to grant the applicants Contributory Parent (Migrant) (Class CA) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 27 February 2013. The delegate refused to grant the visas on 1 May 2018.

2. The delegate made the decision on the basis that evidence of an Assurance of Support (AOS) was not provided, as required to satisfy cl. 143.228 of the Migration Regulations 1994 (the Regulations).

3. The applicants appeared before the Tribunal on 15 December 2020 to give evidence and present arguments. On 28 July 2021 the Tribunal received from the review applicant evidence that the AOS has 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 first named applicant meets the following criteria for a Subclass 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member