1710046 (Migration)

The Administrative Appeals Tribunal considered an appeal concerning an application for an Aged Parent (Residence) (Class BP) visa, Subclass 804. The applicant sought review of a decision relating to their eligibility for this visa.

The Tribunal was required to determine whether the applicant met the criteria for the visa, particularly in light of the sponsor's extended absence from Australia and whether a waiver of certain requirements, including the balance of family test, health checks, and character requirements, was appropriate. The Tribunal also considered the applicant's status as the parent of a settled child, their lawful residence in Australia for a reasonable period, and their significant dependency on the sponsor for accommodation.

The Tribunal concluded that the matter should be remitted for reconsideration. This decision was influenced by factors including the delay in primary decision notification, the applicant's status as a parent of a settled child, their lawful residence, and their significant dependency on the sponsor. The Tribunal also took into account the applicant's previous Ministerial intervention to regularise their migration status.

Consequently, the Tribunal remitted the matter to the Department of Home Affairs for reconsideration of the visa application.