Chhay (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Contributory Parent (Class CA) visa, Subclass 143 (Migrant) visa. The applicant sought review of a decision concerning the provision of a copy of an Assurance of Support.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 143 visa, specifically clause 143.228 of Schedule 2 to the Regulations. The Tribunal was required to determine if it could make a positive decision in favour of the applicant based on the existing material.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.