CHOW (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Subclass 864 (Contributory Aged Parent) visa. The applicant, Mr. Chow, sought to have the decision to refuse his visa application set aside. The primary issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4005, which relates to health requirements.

The Tribunal was required to determine if the applicant satisfied PIC 4005, specifically in relation to his non-migrating spouse, Mrs. Ling Tong. Clause 864.228 of Schedule 2 of the Migration Regulations 1994 stipulates that if a family unit member is not a visa applicant, they must also satisfy the relevant public interest criteria. The definition of a "member of the family unit" includes a spouse.

The Tribunal noted that while the applicant's migration agent stated that the applicant and Mrs. Ling Tong had been separated for 17 years and a divorce was in process, there was no probative evidence of a divorce or the termination of their spousal relationship. Consequently, Mrs. Ling Tong was considered a member of the applicant's family unit. As the applicant had not provided evidence that Mrs. Ling Tong met PIC 4005, and the applicant himself had not satisfied the requirements of PIC 4005, the Tribunal affirmed the delegate's decision. The Tribunal therefore affirmed the decision not to grant the applicant a Contributory Aged Parent (Residence) (Class DG) visa.