Tulsiyan (Migration)

[2018] AATA 2370

Tulsiyan (Migration) [2018] AATA 2370 (28 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Akash Ramavtar Tulsiyan

VISA APPLICANTS:  Mr Ramavtar Tulsyan
Mrs Uma Tulsyan
Mr Akar Tulsyan

CASE NUMBER:  1805839

DIBP REFERENCE(S):  OSF2012/091731

MEMBER:Mary Urquhart

DATE: 28 May 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 143 visa:

·cl.143.228 of Schedule 2 to the Regulations

Statement made on 28 May 2018 at 4:14pm

CATCHWORDS
Migration – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – Assurance of support – Decision under review remitted

LEGISLATION
Migration Act 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 Immigration 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 8 April 2015. The delegate refused to grant the visas on 2 March 2018.

2. The delegate made the decision on the basis that evidence of Assurance of Support was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations) and accordingly cl.143.228 was not met.

3. On 16 April 2018 in relation to Mr Akar Tulsyan and on 19 April 2018 in relation to Mrs Uma Tulsyan and Mr Akar Tulsyan the Tribunal received notification from Centrelink that applications for Assurance of Support have been accepted.

4. In light of the new evidence received and upon reviewing the information and evidence, the Tribunal decided, pursuant to s.360 (2) (a) of the Act that it should decide the review in the applicants' favour on the basis of the material before it and that a hearing was not required.The Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicants meet the following criteria for a Subclass 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations

   Mary Urquhart
   Member