Volavola (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Volavola concerning a Subclass 103 (Parent) visa. The central dispute revolved around the applicant's eligibility for the visa, specifically in relation to the Assurance of Support requirements.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 103 visa, particularly in light of new evidence that had been received. The Tribunal also had to consider whether a hearing was necessary for the determination of the application.

The Tribunal found that it was able to make a decision in favour of the applicant based on the material before it, without the need for a hearing, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 103.226 of Schedule 2 to the Migration Regulations 1994 (Cth).