Soonthornrojana (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Soonthornrojana for a Subclass 864 (Contributory Aged Parent) visa. The dispute concerned the acceptance of an Assurance of Support, a requirement for this visa class.

The primary legal issue before the Tribunal was whether the applicant met the criterion relating to the acceptance of an Assurance of Support. This criterion is stipulated in clause 864.226 of Schedule 2 to the Migration Regulations.

The Tribunal's reasoning was based on new evidence submitted by the applicant's representative on 11 November 2019. This evidence demonstrated that the Assurance of Support had been accepted by the Department of Human Services on 8 November 2019. Being satisfied that this criterion was now met, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration, directing that the applicant meets the criterion specified in clause 864.226 of Schedule 2 to the Regulations.