CHEN (Migration)

This matter concerned an appeal by Mr. Chen against the refusal of his application for a Parent (Migrant) (Class AX) visa, Subclass 103. The visa is for parents of settled Australian citizens, permanent residents, or eligible New Zealand citizens, and requires satisfaction of the 'balance of family' test. The primary criterion in dispute was clause 103.226 of the Regulations, which mandates the acceptance of an Assurance of Support (AOS) by the Secretary of the Department of Family and Community Services.

The central legal issue before the Tribunal was whether Mr. Chen had satisfied the requirement for an accepted Assurance of Support. The Tribunal was required to determine if the evidence provided by Mr. Chen, and the representations made on his behalf, met the criteria stipulated in clause 103.226, particularly in light of repeated requests for this documentation by the Department and the Tribunal.

The Tribunal found that Mr. Chen had failed to provide evidence of an accepted Assurance of Support. Despite multiple requests from the Department and the Tribunal, and assurances from Mr. Chen's representative that the AOS had been accepted, the Department confirmed to the Tribunal that no such entry existed. Mr. Chen's explanation at the hearing, that there had been a misunderstanding and that he had lodged a new application due to an incorrect form, did not satisfy the Tribunal that the requirement of clause 103.226 had been met. The Tribunal affirmed the decision not to grant the visa.