Finau (Migration)

The applicant, Finau, sought judicial review of a decision by the Migration Review Tribunal. The dispute concerned whether the applicant met the criteria for an Aged Parent (Residence) (Class BP) visa, specifically under regulation 2.03AA(2) of the Migration Regulations 1994 (Cth). The matter came before Senior Member Kira Raif of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994 (Cth). This regulation pertains to the lodgement of specific forms and the provision of statements from relevant authorities as prerequisites for certain visa applications.

The Tribunal found that the applicant had provided a completed approved Form 80 and a statement from the appropriate Australian authority. Consequently, the Tribunal concluded that the applicant met the criteria stipulated in regulation 2.03AA(2)(a) and (b). On this basis, the Tribunal remitted the application for an Aged Parent (Residence) (Class BP) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 804 visa.