Liu (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 103 Parent visa. The applicant sought review of a decision concerning their eligibility for the visa, which involved an assurance of support accepted by Centrelink.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 103 visa, specifically in relation to clause 103.226 of Schedule 2 to the Migration Regulations. The Tribunal was required to determine if the existing material was sufficient to make a decision in favour of the applicant without a hearing.

The Tribunal found that a hearing was not necessary, as it was able to determine the matter in favour of the applicants based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first named applicant meets the criteria under clause 103.226 of Schedule 2 to the Regulations.