Kang (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The applicant, Mrs Wei, sought review of a decision concerning her visa application. The decision was made by the Administrative Appeals Tribunal, with Member Kate Millar presiding.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically clause 143.228 of Schedule 2 to the Migration Regulations 1994. This clause requires that at the time of the decision, the Minister is satisfied that an assurance of support has been accepted by the Secretary of Social Services.

The Tribunal noted that at the time the delegate made the original decision, Mrs Wei had not provided an assurance of support. However, advice was subsequently provided to the Tribunal on 27 July 2017 that an assurance of support had been accepted by the Secretary of Social Services. The Tribunal concluded that Mrs Wei now met clause 143.228.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant meets the criteria under clause 143.228 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the grant of the visa.