Xian (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether it was necessary to hold a hearing to determine the applicant's eligibility for the visa, particularly in light of an assurance of support that had been received. The Tribunal was required to consider the provisions of section 360(2)(a) of the Migration Act 1958 (Cth) and clause 143.228(1) of Schedule 2 to the Migration Regulations 1994 (Cth).

The Tribunal determined that it was not necessary to hold a hearing because it was able to find in favour of the applicant based on the material already before it, pursuant to section 360(2)(a) of the Act. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 143.228(1) of Schedule 2 to the Regulations.