Zhang (Migration)

This matter concerned an application for a Subclass 103 Parent (Migrant) visa. The applicant had provided an accepted Assurance of Support. The Administrative Appeals Tribunal (AAT) was reviewing a decision concerning this visa application.

The primary legal issue before the AAT was whether the applicant met the criteria for the Subclass 103 visa, specifically clause 103.226 of Schedule 2 to the Migration Regulations 1994. The AAT was required to determine if it could make a decision in favour of the applicant based on the existing material, without the need for a hearing.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration, with a direction that the first named applicant meets the criteria specified in cl.103.226 of Schedule 2 to the Regulations.