Aer (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by the first named applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa. The dispute concerned whether the applicant met the criteria for the visa, specifically in relation to the second instalment payment.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria for the Subclass 884 visa, as set out in cl.884.411 of Schedule 2 to the Regulations.

The Tribunal found that it was able to determine the matter in favour of the applicants without holding a hearing, pursuant to s.360(2)(a) of the Migration Act 1958 (Cth). The Tribunal therefore remitted the application for reconsideration with a direction that the first named applicant meets the specified visa criteria.