Sukhminder SIngh (Migration)

[2020] AATA 5451

Sukhminder SIngh (Migration) [2020] AATA 5451 (4 November 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Sukhminder Singh
Mrs Simbal Kaur

CASE NUMBER:  1924344

HOME AFFAIRS REFERENCE(S):          OSF2013087954

MEMBER:Kira Raif

DATE:4 November 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 04 November 2020 at 9:39am

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – Assurance of Support accepted by Centrelink – 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 applicants Contributory Parent (Migrant) (Class CA) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 6 November 2017. The delegate refused to grant the visas on 22 August 2019.

2. The delegate made the decision on the basis that evidence of an Assurance of Support has not been provided, as required by cl. 143.228 of the Migration Regulations 1994 (the Regulations).

3. On 4 November 20020 the Tribunal received evidence that the AOS has been accepted 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