1604037 (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa. The applicant sought review of a decision concerning their eligibility for a Subclass 838 (Aged Dependent Relative) visa.

The Tribunal was required to determine whether the applicant met certain criteria for the Subclass 838 visa, specifically those outlined in clauses 838.212 and 838.221 of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that the applicant met the criteria specified in clauses 838.212 and 838.221. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that these specific criteria were satisfied.