Li (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143, brought by the review applicant. The central dispute revolved around whether the applicant had satisfied the requirement for an Assurance of Support (AOS).

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to demonstrate that an Assurance of Support had been accepted by the relevant Commonwealth department, specifically the Department of Family and Community Services (now Services Australia, which administers Centrelink). This acceptance was a prerequisite for meeting criterion cl.143.228 of Schedule 2 to the Migration Regulations.

The Tribunal found that in April 2017, the review applicant provided evidence confirming the acceptance of the Assurance of Support by Centrelink. Based on this evidence, the Tribunal was satisfied that the criterion relating to the accepted Assurance of Support had been met. Consequently, the Tribunal remitted the applications for the Contributory Parent (Migrant) (Class CA) visa for reconsideration, directing that the applicant met the criteria under cl.143.228 of Schedule 2 to the Regulations.