Zhang (Migration)

[2020] AATA 3941

Zhang (Migration) [2020] AATA 3941 (27 July 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Qing Zhang

VISA APPLICANTS:  Mr Zhiming Zhang
Mrs Fengdi Wang

CASE NUMBER:  1922301

HOME AFFAIRS REFERENCE(S):          OSF2009/073259

MEMBER:Kira Raif

DATE:27 July 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 103 visa:

·cl.103.226 of Schedule 2 to the Regulations

Statement made on 27 July 2020 at 11:29am

CATCHWORDS

MIGRATION – Parent (Migrant) (Class AX) visa – Subclass 103 visa – accepted Assurance of Support (AOS) provided– decision under review remitted

LEGISLATION

Migration Act 1958, ss 65, 360

Migration Regulations 1994, 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 applicants Parent (Migrant) (Class AX) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 18 September 2009. The delegate refused to grant the visas on 1 August 2019.

2. The delegate made the decision on the basis that evidence of an Assurance of Support (AOS) was not provided as required to satisfy cl.103.226 of the Migration Regulations 1994 (the Regulations).

3. On 27 July 2020 the Tribunal received evidence that the AOS in relation to the visa applicants has been approved by Centrelink. 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 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 103 visa:

   ·cl.103.226 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member