Soonthornrojana (Migration)

[2019] AATA 6706

Soonthornrojana (Migration) [2019] AATA 6706 (11 December 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Wimonrat Soonthornrojana

CASE NUMBER:  1924619

DIBP REFERENCE(S):  CLF2016/28912

MEMBER:Ann Duffield

DATE:11 December 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 864 visa:

·cl.864.226 of Schedule 2 to the Regulations

Statement made on 11 December 2019 at 9:48am

CATCHWORDS
MIGRATION – Contributory Aged Parent (Residence) (Class DG) visa – Subclass 864 (Contributory Aged Parent) – acceptance of Assurance of Support – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 864.226

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 Contributory Aged Parent (Residence) (Class DG) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 3 May 2016. The delegate refused to grant the visa on 26 August 2019.

2. The delegate made the decision on the basis that evidence of that cl.864.226 of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not satisfied because the department had no evidence to demonstrate that an Assurance of Support has been accepted by the Secretary of the Department of Family and Community Services for the applicant.

3. On 11 November 2019 the Tribunal received a submission from the applicant’s representative which showed the Assurance of Support for the applicant was accepted by the Department of Human Services on 8 November 2019. 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 864 visa:

   ·cl.864.226 of Schedule 2 to the Regulations.

   Ann Duffield
   Senior Member