1420665 (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) Subclass 143 visa. The primary visa applicant sought to establish eligibility based on being the parent of an Australian citizen, Shaun. The dispute involved the assessment of whether the primary applicant and accompanying family members met the relevant criteria under Schedule 2 of the Migration Regulations. The decision was made by Member Chantal Bostock of the Tribunal.

The legal issues before the Tribunal were to determine whether the primary visa applicant met the criteria for a Subclass 143 visa, specifically clauses 143.211(1)(a), 143.213, and 143.221. Additionally, the Tribunal had to assess whether the second and third named visa applicants satisfied the criteria under clauses 143.311(a) and 143.311(b) respectively, as members of the family unit. This involved interpreting definitions of "settled" and "eligible child" and applying the balance of family test.

The Tribunal found that the primary visa applicant was the parent of an Australian citizen, Shaun, who was "settled" in Australia. It was also determined that Shaun's brother, Amor Jae Young Kim, was an "ineligible child." Consequently, the primary applicant satisfied the balance of family test as the number of eligible children equalled the number of ineligible children, thereby meeting clauses 143.211(1)(a) and 143.213. The Tribunal further found that the primary applicant continued to meet clause 143.221. The second visa applicant was found to satisfy clause 143.311(a) as a member of the primary applicant's family unit who made a combined application. The third visa applicant was found to satisfy clause 143.311(b) as a family member who applied while in Australia and appeared to meet the relevant criteria.

The Tribunal remitted the application for a Contributory Parent (Migrant) (Class CA) Subclass 143 visa for reconsideration. The reconsideration was to proceed with the direction that the first named visa applicant meets clauses 143.211(1)(a), 143.213, and 143.221; the second named visa applicant meets clause 143.311(a); and the third named visa applicant meets clause 143.311(b) of Schedule 2 of the Migration Regulations.