Li (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse a Contributory Parent (Migrant) (Class CA) visa. The applicant had applied for the visa in June 2016, and the delegate refused the application in September 2022, citing a lack of evidence that an Assurance of Support had been accepted by Centrelink, a requirement under the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement for an accepted Assurance of Support. This requirement is stipulated in clause 143.228 of the Migration Regulations 1994.

The Tribunal considered a letter from Centrelink, dated December 2023, which confirmed that the application for an Assurance of Support in respect of the applicant had been accepted. In light of this new evidence, the Tribunal was satisfied that the criterion under cl.143.228 had been met. Consequently, the Tribunal remitted the application for reconsideration, with a direction that the applicant satisfies this specific regulatory requirement.