Tong (Migration)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Remedies
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Statutory Construction
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Citations
Tong (Migration) [2019] AATA 6034
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