Xian (Migration)

[2023] AATA 379

Xian (Migration) [2023] AATA 379 (27 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Jiehua Xian

REPRESENTATIVE:  Ms Qing Qin (MARN: 1796634)

CASE NUMBER:  2213185

HOME AFFAIRS REFERENCE(S):          BCC2016/2220697

MEMBER:Justin Meyer

DATE:27 February 2022

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 143 visa:

·cl 143.228 (1) of Schedule 2 to the Regulations

Statement made on 27 February 2023 at 3:40pm

CATCHWORDS

MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – assurance of support received by tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

Migration Regulation 1994 (Cth), Schedule 2, cl 143.228(1)

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 Contributory Parent (Migrant) (Class CA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 29 June 2016. The delegate refused to grant the visa on 1 September 2022.

2. The delegate made the decision on the basis that evidence of as specified in cl 143.228 (1) “The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations)”

3. On 19 December 2022 the Tribunal received assurance of support. 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 143 visa:

   ·cl 143.228 (1) of Schedule 2 to the Regulations

   Justin Meyer
   Member