Allen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Special Eligibility (Former Resident) (Class CB) visa, subclass 151. The applicant sought review of a decision not to grant this visa.

The central legal issue before the Tribunal was whether the applicant met the age requirement for the visa. Specifically, the Tribunal had to determine if the applicant’s visa application was validly made after they had turned 45 years of age, given that they did not fall within the categories of a long residence applicant or a defence service applicant.

The Tribunal reasoned that the applicant did not satisfy the criteria for the grant of the visa. While acknowledging that the application may have been mistakenly lodged at the wrong office, the Tribunal found that the applicant was over the age of 45 at the time the application was considered validly made. Consequently, the Tribunal affirmed the decision not to grant the applicant the Special Eligibility (Former Resident) (Class CB) visa.