Zhu (Migration)

[2020] AATA 5787

Zhu (Migration) [2020] AATA 5787 (1 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Kai Zhu

VISA APPLICANTS:  Ms Yuanqin Du
Mr Younghong Zhu

CASE NUMBER:  1922311

HOME AFFAIRS REFERENCE(S):          OSF2009/073184

MEMBER:Kira Raif

DATE:1 October 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 01 October 2020 at 3:44pm

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 15 September 2009. The delegate refused to grant the visas on 5 August 2019.

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

3. On 1 October 2020 the Tribunal received evidence that Centrelink has approved the AOS with respect to the visa applicants. 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