Tong (Migration)

[2019] AATA 6034

Tong (Migration) [2019] AATA 6034 (26 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Vinh Thien Tong
Mrs Thi Quy Nguyen
Mr Tran Thien Nguyen Tong

CASE NUMBER:  1923497

DIBP REFERENCE(S):  OSF2014084300

MEMBER:Kira Raif

DATE:26 September 2019

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 26 September 2019 at 7:33am

CATCHWORDS
MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – Assurance of Support accepted by Department of Family and Community Services – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65

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 Immigration to refuse to grant the applicants Contributory Parent (Migrant) (Class CA) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 17 October 2017. The delegate refused to grant the visas on 22 August 2019 on the basis that cl. 143.228 was not met because there was no evidence that an Assurance of Support (AOS) was approved.

3. The Tribunal determined that a hearing in this case was not necessary as it was able to make a favourable decision ‘on the papers’. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   Relevant law

4. At the time the visa application was lodged, the Contributory Parent (Migrant) (Class CA) visa contained only one Subclass 143: Item 1130(4) of Schedule 1 to the Regulations. The criteria for a Subclass 143 visa are set out in Part 143 of Schedule 2 to the Regulations.

5. One of the requirements contained in clause 143.228 is that an Assurance of Support in relation to the applicant has been accepted by the Secretary of the Department of Family and Community Services.

   Has the Assurance of Support been made and accepted?

6. The primary decision record, a copy of which the applicants provided to the Tribunal, indicates that in August 2018 the applicants were requested to provide an Assurance of Support and other documents, but tailed to do so.

7. On 23 September 2019 the applicants provided to the Tribunal evidence that the AOS has been accepted by Centrelink in relation to each of the applicants. On the basis of this information the Tribunal is satisfied that an Assurance of Support in relation to the applicants has been accepted by the Secretary of the Department of Family and Community Services. The Tribunal is satisfied that the first named visa applicant meets cl. 143.228.

   DECISION

8. The Tribunal remits the applications for the Contributory Parent (Migrant) (Class CA) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 143 (Contributory Parent) visa:

   ·            cl.143.228 of Schedule 2 to the Regulations 

   Kira Raif
   Senior Member