Chandra (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for an Aged Parent (Residence) (Class BP) visa, subclass 804. The applicant, the son of the primary applicant, sought to be recognised as a member of the family unit. The sponsor was the applicant's sister, an Australian citizen.

The central legal issue before the Tribunal was whether the applicant qualified as a "dependent child" of the primary applicant, his father, as defined by regulation 1.12 of the Migration Regulations 1994. This definition requires the child to be dependent on the family head. The Tribunal also considered the applicant's circumstances, including his age at the time of application, his current employment, and the pooling of family finances and housing provided by the sponsor.

The Tribunal noted that the applicant was 18 years old at the time of the visa application and was now in his thirties and employed full-time. While acknowledging strong compassionate circumstances, including the unreasonable delay in processing the parents' visa, the applicant's education and work history, and the parents' health, the Tribunal found that the applicant did not meet the definition of a dependent child under the Regulations. The Tribunal affirmed the decision under review.