Cui (Migration)

This matter concerned a review of a decision regarding a Parent (Migrant) (Class AX) visa, Subclass 103. The applicant was a 57-year-old Chinese citizen seeking to migrate to Australia to join her son. The central dispute revolved around whether the applicant's son, an Australian citizen, was considered "settled" in Australia for the purposes of the visa application.

The primary legal issue before the Tribunal was to determine whether the review applicant's son qualified as a "settled Australian citizen" both at the time of the visa application and at the time of the Tribunal's decision. This determination was crucial for the applicant to satisfy the criteria for the Parent visa.

The Tribunal considered extensive evidence regarding the son's history in Australia. He had arrived in 2001, obtained Australian citizenship in 2004, and completed his education in Australia. While he had undertaken postgraduate studies and worked in Germany for several years, during which he met and married his wife, the Tribunal noted his consistent intention to return to Australia. The evidence demonstrated his return to Australia in mid-2017 to commence a PhD at Griffith University, commencing studies in February 2018 with a commitment to remain in Australia for at least four years. Further evidence of his settled status included his employment, his and his wife's intention to purchase property and start a family in Australia, the retention of personal belongings and bank accounts in Australia, and the recent acquisition of a car, gym membership, and telephone plan. The Tribunal was satisfied that these factors indicated the son was a settled Australian citizen.

Consequently, the Tribunal remitted the application for reconsideration, directing that the visa applicant met the criteria specified in clauses 103.211 and 103.221 of Schedule 2 to the Regulations.