Greenfield (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804, made by a mother who relied on her daughter's financial support. The primary dispute concerned whether the applicant met the criteria for being a member of the family unit and dependent on her daughter, particularly in light of her UK pension and incapacity to work.

The Tribunal was required to determine if the applicant satisfied the criteria for being a member of the family unit and dependent, as defined by the relevant migration regulations, for the purpose of the subclass 804 visa. This involved assessing the nature of her reliance on her daughter and her ability to support herself.

The Tribunal found that the applicant met the criteria for being a member of the family unit and dependent, specifically referencing clause 804.311 of Schedule 2 to the Regulations. The decision to remit the application for reconsideration was based on this finding, indicating that further assessment of other criteria for the visa was necessary. The Tribunal remitted the application to the Minister for reconsideration, directing that the applicant met the specified criteria.