AUNG (Migration)

The Administrative Appeals Tribunal considered the case of Ms Jean Patricia Cho Mar Aung, who sought a Subclass 143 Contributory Parent visa. The primary issue before the Tribunal was whether Ms Aung satisfied the secondary criteria for this visa, specifically whether she qualified as a "member of the family unit" of the primary applicant.

The Tribunal was required to determine if Ms Aung met the criteria outlined in clauses 143.311 and 143.321 of Schedule 2 to the Migration Regulations 1994. These clauses stipulate that a secondary applicant must be a "member of the family unit" of the primary applicant at both the time of application and the time of decision. The Tribunal's assessment therefore hinged on the interpretation and application of the definitions of "member of the family unit" in regulation 1.12, "dependent child" in regulation 1.03, and "dependent" in regulation 1.05A.

The Tribunal reasoned that for Ms Aung to be considered a "dependent child" under regulation 1.03, she must have either not turned 18, or having turned 18, be dependent on her parents or incapacitated for work. The definition of "dependent" in regulation 1.05A requires substantial reliance on another person for financial support for basic needs, with that reliance being greater than any other source of support. The Tribunal was satisfied, on balance, that Ms Aung met these criteria, finding her to be a dependent child and thus a member of the family unit.

Consequently, the Tribunal remitted the application for a Contributory Parent (Migrant) (Class CA) visa for reconsideration. The direction was that the visa applicant meets the criteria specified in clauses 143.311 and 143.321 of Schedule 2 to the Regulations.