Zhang (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Zhang for a Parent (Migrant) (Class AX) visa, Subclass 103. The applicant had provided an accepted Assurance of Support. The Tribunal's decision under review was remitted for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 103 visa, specifically clause 103.226 of Schedule 2 to the Regulations. The Tribunal was required to determine if it was able to make a decision in favour of the applicant based on the material before it, without the necessity of 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 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl.103.226 of Schedule 2 to the Regulations.