Alla (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant sought this visa based on their dependency on an Australian relative for a substantial period. The core of the dispute revolved around whether the applicant met the dependency criteria, particularly in light of their limited personal financial resources and the nature of the financial support provided by the sponsor.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 838 visa, specifically concerning their dependency on the Australian relative. This involved assessing whether the applicant was dependent on the sponsor for a substantial period and whether their own financial resources were insufficient to meet their basic needs. The Tribunal also had to consider the manner in which financial support was provided and whether it adequately demonstrated the required dependency.

In its reasoning, the Tribunal found that the applicant's small pension was insufficient to cover their basic needs, a key element in establishing dependency. Furthermore, the Tribunal accepted that the sponsor had provided financial support, even though it was often paid in cash and a substantial sum was left with another relative for the applicant's use when the sponsor migrated to Australia. Based on these findings, the Tribunal concluded that the applicant met certain criteria for the visa, namely cl.838.212 and cl.838.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for the Subclass 838 visa to the Minister for reconsideration, with a direction that the applicant met the specified criteria.