Abdelmalak (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Abdelmalak for an Other Family (Residence) (Class BU) visa, specifically the Subclass 838 (Aged Dependent Relative) visa. The core of the dispute concerned whether Ms. Abdelmalak met the criteria of being an aged dependent relative of an Australian relative at both the time of her application and the time of the AAT's decision.

The Tribunal was required to determine whether Ms. Abdelmalak was, at the relevant times, wholly or substantially reliant on her son for financial support. This assessment was crucial to establishing her eligibility as an aged dependent relative under the Migration Regulations.

The Tribunal found that Ms. Abdelmalak was indeed wholly or substantially reliant on her son for financial support. This finding satisfied the dependency requirement of the visa subclass. Consequently, the Tribunal remitted the decision to the delegate for reconsideration, indicating that the applicant had met the necessary criteria for the visa.