Walker (Migration)

In *Walker (Migration)*, the Administrative Appeals Tribunal considered an appeal by Ms. Walker against the refusal of her application for an Aged Parent (Residence) (Class BP) visa, Subclass 804. The primary issue in the refusal was the validity of the Assurance of Support (AoS) provided for Ms. Walker's application.

The Tribunal was required to determine whether the Assurance of Support provided by Ms. Walker's son, Mr. Walker, met the requirements of the *Migration Regulations 1994* (Cth) and the relevant policy guidelines. Specifically, the Tribunal had to assess if the AoS was validly lodged and if Mr. Walker had the capacity to provide the required support.

The Tribunal found that the AoS was not validly lodged as it was not accompanied by the required fee at the time of submission. This failure to comply with the procedural requirements of the *Migration Regulations* meant that the AoS was invalid. Consequently, the Tribunal held that Ms. Walker's visa application could not be approved as a valid AoS was a mandatory requirement for this visa subclass. The Tribunal affirmed the decision to refuse the visa.