Janse Van Rensburg (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant sought this visa on the basis that she was the aged dependent relative of Ms Petronella Johanna Robbetze, an Australian citizen and the applicant's daughter. The decision was made by Christine Kannis, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the definition of an "aged dependent relative" as defined in regulation 1.03 of the Migration Regulations 1994. This definition requires, among other things, that the applicant be a "relative" of an Australian citizen, permanent resident, or eligible New Zealand citizen, not have a spouse or de facto partner, have been dependent on the Australian relative for a substantial period and remain so dependent, and be of an age to receive an aged pension.

The Tribunal found that the applicant was indeed the mother of the sponsor and therefore a "relative" for the purposes of the relevant clauses. It was also satisfied that the applicant was widowed and had not remarried or entered into a de facto relationship, thus meeting the criterion regarding marital status. Crucially, the Tribunal concluded that the applicant was "wholly or even substantially" reliant on her sponsor for financial support to meet her basic needs, satisfying the dependency requirement.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 838.212 and 838.221 of Schedule 2 to the Regulations.