1601802 (Migration)

The Administrative Appeals Tribunal considered a decision by the Department to refuse a subclass 102 Parent visa. The review applicant, who was the visa applicant, had not provided the required assurance of support.

The primary legal issue before the Tribunal was whether the requirement for an assurance of support, a criterion for the grant of a subclass 102 Parent visa, could be waived on compassionate or humanitarian grounds.

The Tribunal reasoned that it was bound to apply the law as it stood and did not possess the discretion to waive the statutory requirement for an assurance of support. As this essential criterion had not been met by the visa applicant, the Tribunal concluded that the Department's decision to refuse the visa application was correct. Accordingly, the Tribunal affirmed the decision to refuse the subclass 103 Parent (Class AX) visa.