Shah (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 103 (Parent) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 103 visa, specifically in relation to clause 103.226 of Schedule 2 to the Migration Regulations 1994, which pertains to the assurance of support.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicants based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified visa criteria.