LIU (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 143 Contributory Parent visa. The applicant, Ms Xiulan Yang, sought review of a decision concerning her visa application. The dispute centred on whether the applicant met the criteria for the visa, specifically in relation to an Assurance of Support.

The primary legal issue before the Tribunal was whether the criterion relating to an Assurance of Support was met. This criterion is set out in clause 143.228 of Schedule 2 to the Migration Regulations 1994. The Tribunal had to determine if the Assurance of Support provided for the visa applicant was valid and accepted.

The Tribunal's reasoning was based on new evidence received on 18 June 2018, namely a letter from the Department of Human Services (Centrelink) confirming the acceptance of an Assurance of Support lodged on 23 February 2018. Being satisfied that this new evidence demonstrated that the criterion was met, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under cl.143.228 of Schedule 2 to the Regulations. The Tribunal remitted the application for reconsideration.