Pan (Migration)

[2024] AATA 2448

Pan (Migration) [2024] AATA 2448 (24 June 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Lina Pan

VISA APPLICANT:  Mrs Liming Qu

REPRESENTATIVE:  Mr Pei Ling Zheng (MARN: 0323862)

CASE NUMBER:  2400490

HOME AFFAIRS REFERENCE(S):          BCC2016/2723443

MEMBER:Justin Meyer

DATE:24 June 2024

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 143.228 of Schedule 2 to the Regulations

Statement made on 24 June 2024 at 2:50pm

CATCHWORDS

MIGRATION – Contributory Parent (Class CA) visa – Subclass 143 (Migrant) visa – copy of an Assurance of Support provided – decision under review remitted   

LEGISLATION

Migration Act 1958, ss 65, 360

Migration Regulations 1994, 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 applicant a Contributory Parent (Migrant) (Class CA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 16 August 2016. The delegate refused to grant the visa on 9 November 2023.

2. The delegate made the decision on the basis that evidence of an assurance if support from Centrelink was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 6 June 2024 the Tribunal received an assurance if support from Centrelink. 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.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

5. 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

   Justin Meyer
   Member