JU (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The applicants sought review of a decision concerning their visa applications.

The primary legal issue before the Tribunal was whether it was necessary to hold a hearing to determine the applications. The Tribunal was required to consider whether it could make a decision based on the existing material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth).

The Tribunal determined that a hearing was not necessary as it was able to find in favour of the applicants based on the material before it. Consequently, the Tribunal remitted the applications for reconsideration with directions that the first applicant meets the criteria in clause 143.228 of Schedule 2 to the Migration Regulations 1994 (Cth), and the second applicant meets the criteria in clause 143.327 of Schedule 2 to the Regulations.