KAN (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 143 Contributory Parent visa. The primary applicant sought to satisfy clause 143.228 of Schedule 2 to the Migration Regulations, while the secondary applicant sought to satisfy clause 143.321. The core of the dispute concerned whether the applicants had provided sufficient evidence to meet these criteria, particularly in relation to an assurance of support.

The Tribunal was required to determine whether the primary applicant met the criteria under clause 143.228 and, consequently, whether the secondary applicant met the criteria under clause 143.321 of Schedule 2 to the Regulations at the time the decision was made.

The Tribunal found that the primary applicant did meet the criteria specified in clause 143.228. As a result, it followed that the secondary applicant also met the criteria under clause 143.321. The Tribunal therefore remitted the application for reconsideration, with a direction that both applicants met the relevant visa criteria.