Bui (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Bui concerning a Contributory Parent (Temporary) (Class UT) visa, Subclass 143. The dispute arose from the Tribunal's decision to not hold a hearing, believing it had sufficient material to make a favourable decision for the applicants under s 360(2)(a) of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether it had erred in its decision-making process by dispensing with a hearing. Specifically, the Tribunal had to determine if it had correctly applied the provisions of the Act and Regulations when assessing the evidence, particularly regarding the assurance of support.

The Tribunal acknowledged that it had made a decision without a hearing, believing it was unnecessary as it could find in favour of the applicants based on the existing material. However, upon review, the Tribunal determined that the applications should be remitted for reconsideration. The Tribunal directed that the visa applicants must meet the criteria for a Subclass 173 visa, specifically cl 143.228(1) of Schedule 2 to the Migration Regulations 1994 (Cth).