Li (Migration)

This matter concerned an application for a Subclass 103 Parent (Migrant) visa. The applicant sought review of a decision by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically cl.103.226 of Schedule 2 to the Regulations, which relates to the Assurance of Support (AOS).

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the existing material, pursuant to s.360(2)(a) of the Migration Act 1958 (Cth). The Tribunal therefore remitted the application for reconsideration with a direction that the first applicant meets the criteria for the visa.