Phan (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The applicant sought review of a decision made by the Department of Home Affairs. The Administrative Appeals Tribunal (AAT) was tasked with reconsidering the application.

The primary legal issue before the AAT was whether the applicant met the criteria for the Subclass 143 visa, specifically cl.143.228 of Schedule 2 to the Migration Regulations 1994, which relates to the assurance of support. The AAT was required to determine if the material before it was sufficient to make a favourable decision without a hearing.

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