Xie (Migration)

The Administrative Appeals Tribunal considered applications for a Contributory Aged Parent (Residence) (Class DG) visa, Subclass 864, made by the applicants. The dispute arose from the Department's decision to refuse the visa applications, which was based on the applicants' failure to pay the second instalment of the visa application charge.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of the Subclass 864 visa, specifically in light of the non-payment of the second instalment of the visa application charge and the applicants' subsequent assertion of their financial capacity to pay.

The Tribunal found that the first named applicant met the criteria specified in cl.864.212(a) of Schedule 2 to the Regulations. While the Department's decision was prompted by the applicants' failure to advise of their ability to pay the second instalment, the applicants subsequently provided information confirming their immediate financial capacity to meet this charge. Consequently, the Tribunal remitted the applications to the Department for reconsideration in full, with a direction that the first named applicant satisfies the aforementioned criterion.