Lam (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804, made by an applicant whose Assurance of Support had been accepted by Centrelink. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the subclass 804 visa, specifically in relation to clause 804.224 of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if it could make a favourable decision based on the existing material without a hearing.

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. Consequently, the Tribunal remitted the application for reconsideration, with a direction that the applicant meets the criteria specified in clause 804.224 of Schedule 2 to the Regulations.