Begam (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant sought this visa on the basis that she was the aged dependent relative of her son, Mr Mohammad Miah, who is an Australian permanent resident. The decision under review was made by the Migration Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the definition of an "aged dependent relative" as defined in regulation 1.03 of the Migration Regulations 1994. This required the Tribunal to determine if the applicant was a "relative" of an Australian relative, if she had no spouse or de facto partner, if she had been dependent on the Australian relative for a substantial period and remained so dependent, and if she was of an age to be granted an aged pension.

The Tribunal found that the applicant was a "relative" of Mr Miah, her son, and had provided a birth certificate as evidence. It was also satisfied that the applicant met the criterion of not having a spouse or de facto partner, having provided a death certificate for her deceased husband. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant met the criterion under cl 838.212 of Schedule 2 to the Regulations, which relates to being an aged dependent relative of an Australian relative.