TOUTAI (Migration)

[2020] AATA 2302

TOUTAI (Migration) [2020] AATA 2302 (5 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Ketoni Soakimi TOUTAI
Mrs Kalolaine Lavuni TOUTAI

CASE NUMBER:  1933474

HOME AFFAIRS REFERENCE(S):          CLF2007/42240

MEMBER:Kira Raif

DATE:5 May 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 804 visa:

·cl.804.224 of Schedule 2 to the Regulations

Statement made on 05 May 2020 at 4:37pm

CATCHWORDS
MIGRATION – Aged Parent (Residence) (Class BP) visa – Subclass 804 (Aged Parent) – Assurance of Support – accepted by Centrelink – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 804.224

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 Aged Parent (Residence) (Class BP) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 16 March 2007. The delegate refused to grant the visas on 7 November 2019.

2. The delegate made the decision on the basis that evidence of an Assurance of Support (AOS) had not been provided, despite numerous requests by the delegate. In April 2020 the applicants provided to the Tribunal evidence that the AOS has been lodged and accepted by Centrelink.

3. In light of the new evidence received, the Tribunal is satisfied that cl. 804.224 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 804 visa:

   ·cl.804.224 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member