PUN (Migration)

[2017] AATA 2802

PUN (Migration) [2017] AATA 2802 (22 November 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr DILIP JANG PUN

VISA APPLICANT:  Ms ABIKA PUN

CASE NUMBER:  1725554

DIBP REFERENCE(S):  BCC2017/1739203

MEMBER:Roslyn Smidt

DATE:22 November 2017

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 600 visa:

·cl.600.235 of Schedule 2 to the Regulations

Statement made on 22 November 2017 at 9:28am

CATCHWORDS

Migration – Visitor (Class FA) visa – Subclass 600 (Visitor) – Payment of security bond

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 600.235

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 Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 12 May 2017. The delegate refused to grant the visa on 10 August 2017.

2. The delegate made the decision on the basis that evidence of payment of a security bond was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On the Tribunal received information from the Department to Immigration stating that the review applicant had paid the relevant bond on 7 August 2017. 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 600 visa:

   ·cl.600.235 of Schedule 2 to the Regulations

   Roslyn Smidt
   Member