Xu (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of Parent (Migrant) (Class AX) visas, Subclass 103. The applicants' visa applications were refused by the Department of Immigration and Border Protection on 31 May 2016, on the grounds that a mandatory criterion, namely an Assurance of Support, had not been provided. The sponsor of the applicants sought review of this decision.

The primary legal issue before the Tribunal was whether the applicants had satisfied the legislative requirements for an Assurance of Support, as stipulated by clause 103.226 of Schedule 2 to the Migration Regulations. This involved determining whether an assurance of support had been arranged and accepted by the Secretary of the Department of Family and Community Services, or its equivalent through Centrelink. The Tribunal also considered whether the second visa applicant met the requirements of clause 103.325.

The Tribunal found that the assurance of support provided in relation to the first visa applicant also encompassed the second visa applicant. Consequently, the Tribunal determined that the second visa applicant satisfied the requirements of clause 103.325. The Tribunal remitted the applications for reconsideration, directing that the criteria for a Subclass 103 (Parent) visa were met, specifically that the first visa applicant met clause 103.226 and the second visa applicant met clause 103.325.