1502724 (Migration)

The Administrative Appeals Tribunal considered whether visa applicants had met the criteria for a Contributory Parent (Migrant) (Class CA) visa. The dispute centred on the applicants' failure to pay the second instalment of the visa application charge as required by Item 1130(2)(b) of the Migration Regulations 1994, which was a prerequisite for meeting the criteria in clause 143.412.

The Tribunal was required to determine if the applicants had satisfied the payment obligations stipulated in the regulations to qualify for the visa. The applicants acknowledged that the required payment had not been made and that they were unable to make it at that time.

In its reasoning, the Tribunal found that the non-payment of the second instalment meant the applicants had not complied with Item 1130(2)(b). Consequently, they failed to meet the criteria set out in clause 143.412. The Tribunal therefore affirmed the department's decision to refuse the visa application.