Azeer (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa (Subclass 143) by a visa applicant, where the review applicant was her son, an Australian citizen. The core dispute revolved around whether the visa applicant satisfied the "balance of family test" as required by the migration regulations.

The legal issues before the Tribunal were whether the visa applicant was the parent of a settled Australian citizen, whether she satisfied the balance of family test as defined in regulation 1.05, and whether she continued to meet the relevant criteria at the time of the decision. The definition of "children" for the purposes of the regulations, including step-children, was also a relevant consideration.

The Tribunal found that the visa applicant was the parent of the review applicant, who was an Australian citizen, thus satisfying criterion cl.143.211(1)(a)(i). However, the Tribunal noted inconsistencies in the visa applicant's documentation regarding her marital status and the number of her eligible children. Specifically, the applicant initially indicated she was married with two children of that relationship and a step-son, but later described her husband as a former spouse and did not indicate she was still in a spousal relationship. This created ambiguity regarding the satisfaction of the balance of family test.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the visa applicant met the criteria under cl.143.211, cl.143.213, and cl.143.221 of Schedule 2 to the Regulations, implying that the balance of family test, despite the noted inconsistencies, was considered satisfied for the purpose of remission.