1834266 (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Contributory Aged Parent (Residence) (Class DG) Subclass 864 visa. The applicant sought to challenge the Tribunal's finding that they did not meet the visa requirements.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria set out in clause 864.212 of the Migration Regulations 1994. This clause requires an applicant to be an "aged parent" or, alternatively, to hold a Subclass 600 visa or a Subclass 884 visa. The Tribunal was also asked to consider a request for a recommendation in support of ministerial intervention.

The Tribunal found that the applicant did not hold a Subclass 600 or Subclass 884 visa. Furthermore, the Tribunal determined that the applicant did not meet the definition of an "aged parent" as defined in regulation 1.03, which refers to a person old enough to be granted an age pension under the *Social Security Act 1991*. As the applicant was born in 1968 and was 50 years old at the time of application, they were below the age of 65 required to receive an age pension. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 864.212. The Tribunal also considered the applicant's submissions regarding the impact on their children and Australia's obligations under the Convention on the Rights of the Child, but was not of the opinion that circumstances warranted a recommendation for ministerial intervention.

The Tribunal affirmed the decision that the applicant did not meet the criteria for the Subclass 864 visa.