Cai (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 143 Contributory Parent visa. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to an Assurance of Support accepted by Centrelink.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 143 visa, as stipulated by clause 143.228 of Schedule 2 to the Migration Regulations. The Tribunal was required to determine if the existing material was sufficient to make a finding in favour of the applicant.

The Tribunal, exercising its powers under s 360(2)(a) of the Migration Act 1958 (Cth), determined that a hearing was not necessary as it could reach a decision based on the available documentation. Consequently, the Tribunal remitted the application for reconsideration, directing that the visa applicant be found to meet the criteria under clause 143.228 of Schedule 2 to the Regulations.