Bui (Migration)

The Administrative Appeals Tribunal considered an application by Bui (the review applicant) concerning a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The dispute centred on whether an Assurance of Support (AOS) had been accepted by the Department of Family and Community Services in relation to the visa applicants.

The primary legal issue before the Tribunal was to determine whether the review applicant had satisfied the requirements for an Assurance of Support, specifically whether it had been accepted by the relevant Commonwealth department. This determination was crucial for the assessment of the visa applicants' eligibility for the Subclass 143 visa.

The Tribunal found that in July 2019, the review applicant provided evidence demonstrating the acceptance of the AOS by Centrelink, acting on behalf of the Secretary of the Department of Family and Community Services. Based on this evidence, the Tribunal was satisfied that the AOS requirement had been met. Consequently, the Tribunal remitted the applications for the Contributory Parent (Migrant) (Class CA) visa for reconsideration, directing that the applicant meets criterion cl.143.228 of Schedule 2 to the Regulations.