Chan (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Chan for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant sought to be sponsored by her niece. The Tribunal’s decision affirmed the delegate’s refusal to grant the visa.

The primary legal issue before the Tribunal was whether Ms. Chan met the criteria for an Aged Dependent Relative visa, particularly whether she was reliant on her sponsor (her niece) for her basic needs and whether this reliance was greater than her reliance on any other source. The Tribunal also considered whether there was evidence of the applicant being incapacitated for work.

The Tribunal found that there was no evidence to support Ms. Chan’s claim of reliance on her niece for basic needs. While a joint bank account existed with her niece and nephew, and she maintained a close relationship with them, this did not establish the necessary level of dependence. Crucially, there was no evidence that Ms. Chan was incapacitated for work, which is a key requirement for demonstrating reliance on a sponsor for an Aged Dependent Relative visa.

Consequently, the Tribunal affirmed the decision not to grant Ms. Chan the Subclass 838 visa, finding that she did not meet the prescribed criteria.