Zhang (Migration)

[2020] AATA 1908

Zhang (Migration) [2020] AATA 1908 (15 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Kaidong Zhang

VISA APPLICANTS:  Mr Shiqi Zhang
Mrs Weiming Song

CASE NUMBER:  2000129

HOME AFFAIRS REFERENCE(S):          BCC2019/3646622

MEMBER:Kira Raif

DATE:15 May 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 143 visa:

·cl.143.228 of Schedule 2 to the Regulations

Statement made on 15 May 2020 at 5:09pm

CATCHWORDS
MIGRATION – Contributory Parent (Migrant) (Class CA) visa – Subclass 143 (Contributory Parent) – assurance of support – AOS approved by Centrelink – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65, 360(2)(a)
Migration Regulations 1994 (Cth), 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 Home Affairs 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 26 June 2019. The delegate refused to grant the visas on 17 December 2019.

2. The delegate made the decision on the basis that evidence of an 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).

3. The Tribunal received advice that  in February 2020 Centrelink has approved the AOS. 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 143 visa:

   ·cl.143.228 of Schedule 2 to the Regulations

   Kira Raif
   Senior Member