Phan (Migration)

[2020] AATA 5354

Phan (Migration) [2020] AATA 5354 (27 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Cong Danh Phan
Mrs Thi Kim Hong Nguyen
Mr Nguyen Trinh Duy Phan

CASE NUMBER:  1816143

HOME AFFAIRS REFERENCE(S):          OSF2012/092387

MEMBER:Kira Raif

DATE:27 October 2020

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 27 October 2020 at 12:03pm

CATCHWORDS
MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – assurance of support – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
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 23 November 2016. The delegate refused to grant the visas on 15 May 2018.

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

3. On 27 October 2020 the Tribunal received evidence that the AOS in relation to the visa applicants has been approved by 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 applicants 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 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