Tong (Migration)

Case

[2019] AATA 6034

26 September 2019


Details
AGLC Case Decision Date
Tong (Migration) [2019] AATA 6034 [2019] AATA 6034 26 September 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The applicants had provided evidence that an Assurance of Support had been accepted by the Department of Family and Community Services (Centrelink) in relation to each of them.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the visa, specifically clause 143.228 of Schedule 2 to the Migration Regulations. This clause relates to the requirement for an accepted Assurance of Support.

The Tribunal was satisfied that the evidence presented demonstrated that an Assurance of Support had been accepted by the relevant department. Consequently, the Tribunal found that the first applicant met the criteria under clause 143.228. The Tribunal remitted the applications for reconsideration with a direction that this criterion was met.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Remedies

  • Statutory Construction

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