Nguyen (Migration)

[2019] AATA 3710

Nguyen (Migration) [2019] AATA 3710 (18 June 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Master Vo Gia Bao Nguyen

CASE NUMBER:  1828468

DIBP REFERENCE(S):  CLF2016/43574

MEMBER:Helena Claringbold

DATE:18 June 2019

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 802 visa:

·cl.802.225 of Schedule 2 to the Regulations.

Statement made on 18 June 2019 at 1:15pm

CATCHWORDS

MIGRATION – Child (Residence) (Class BT) – Subclass 802 (Child) – parental responsibility not determined – evidence received upon review – sponsor has sole parental responsibility – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 802.225

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 Child (Residence) (Class BT) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 21 July 2016. The delegate refused to grant the visa on 11 September 2018.

2. The delegate made the decision on the basis that evidence of parental responsibility of the visa applicant not being finally determined by the courts and because a final Court Order had not been provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 9 November 2018, the Tribunal received Family Law Act 1975, in the Family court of Australia order dated 24 October 2018. It recorded that by consent it is ordered that the sponsor have sole parental responsibility of the visa applicant and that the visa applicant lives with the sponsor. 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 802 visa:

   ·cl.802.225 of Schedule 2 to the Regulations.

   Helena Claringbold
   Member