1417120 (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant sought to establish that they were an aged dependent relative of Deborah Ann Heppolette, an Australian permanent resident and the applicant's daughter. The decision was made by Member Mary Cameron of the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for being an "aged dependent relative" as defined in regulation 1.03 of the Migration Regulations 1994. This involved assessing whether the applicant was a "relative" of an Australian relative, whether they had a spouse or de facto partner, and whether they were dependent on the Australian relative for financial support to meet their basic needs. The definition of "dependent" under regulation 1.05A(1) was also a key consideration.

The Tribunal found that the applicant was a "relative" of an Australian relative, as she was the daughter of Deborah Ann Heppolette. The applicant provided evidence of a divorce decree, and the Tribunal accepted that she did not have a spouse or de facto partner. Consequently, the Tribunal concluded that subparagraph (a) of the definition of "aged dependent relative" was met at both the time of application and the time of decision. However, the Tribunal did not make a final determination on the applicant's dependency on the Australian relative, as this was not fully explored in the provided text.

Given the findings made, the Tribunal remitted the application for reconsideration by the Minister. The direction was that the applicant met the criteria under clauses 838.212 and 838.221 of Schedule 2 to the Regulations.