Zhang (Migration)

[2020] AATA 2855

Zhang (Migration) [2020] AATA 2855 (2 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Qi Zhang

VISA APPLICANT:  Mrs Lingling GONG

CASE NUMBER:  1833983

HOME AFFAIRS REFERENCE(S):          OSF2009/074202

MEMBER:Kira Raif

DATE:2 June 2020

PLACE OF DECISION:  Sydney

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 June 2020 at 10:17am

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 applicant a Parent (Migrant) (Class AX) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 18 November 2009. The delegate refused to grant the visa on 11 October 2018.

2. The delegate made the decision on the basis that evidence of an accepted Assurance of Support (AOS) was not provided, as required to satisfy cl. 103.226, which is a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The Tribunal received from the review applicant evidence that an AOS was lodged, and accepted by Centrelink with respect to the visa applicant. 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 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member