Zhang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Zhang (and his spouse) for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The primary issue before the Tribunal concerned the applicant's eligibility for the visa, specifically in relation to the requirement for an assurance of support (AOS) which had been approved by Centrelink.

The legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 143 visa, particularly clause 143.228 of Schedule 2 to the Migration Regulations 1994, in light of the approved assurance of support. The Tribunal was required to determine if the material before it was sufficient to grant the visa or to make a decision in favour of the applicant.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicants based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the criteria specified in clause 143.228 of Schedule 2 to the Regulations.