NATCHATHIRAM (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The applicant sought review of a decision concerning the visa application, specifically relating to an assurance of support that had been accepted by Centrelink.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 143 visa, particularly in relation to the assurance of support. The Tribunal was required to determine if the material before it was sufficient to make a finding in favour of the applicant without a formal hearing.

The Tribunal, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth), determined that a hearing was not necessary as it could reach a favourable decision based on the existing documentation. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 143.228 of Schedule 2 to the Migration Regulations 1994 (Cth), and that the secondary visa applicants meet the criteria under clause 143.327 of Schedule 2 to the Regulations.