Volavola (Migration)

[2020] AATA 3370

Volavola (Migration) [2020] AATA 3370 (2 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Ms Ema Volavola

VISA APPLICANT:  Mrs Vasiti Meanadrau Naqova

CASE NUMBER:  2006578

HOME AFFAIRS REFERENCE(S):          2008/098224 OSF2008/098224

MEMBER:Mary Urquhart

DATE:2 July 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 103 visa:

·cl.103.226 of Schedule 2 to the Regulations

Statement made on 02 July 2020 at 2:14pm

CATCHWORDS
MIGRATION – Parent (Migrant) (Class AX) visa – Subclass 103 (Parent) – Assurance of Support – new evidence received – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 103.226

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 Home Affairs to refuse to grant the applicant a Parent (Migrant) (Class AX) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 12 December 2008. The delegate refused to grant the visa on 7 February 2020.

2. The delegate made the decision on the basis that evidence of an Assurance of Support had not been accepted by the Department of Human Services in relation to Mrs Vasiti Meanadrau Naqova as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 22 May 2020 the Tribunal received advice that the Department of Human Services had accepted an Assurance of Support in relation to Mrs Vasiti Meanadrau Naqova. 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 applicant 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 applicant meets the following criteria for a Subclass 103 visa:

   ·cl.103.226 Schedule 2 to the Regulations

   Mary Urquhart
   Member