Jung (Migration)

This matter concerned an application for an Aged Parent (Residence) (Class BP) visa (Subclass 804) by Jung Suk Jung, a citizen of the Republic of Korea, who was in Australia on a bridging visa. The applicant sought review of a delegate's decision to refuse her visa application. The primary issue was whether the applicant met the definition of an "aged parent" as defined in regulation 1.03 of the Migration Regulations 1994, which requires the applicant to be old enough to be granted an age pension under the Social Security Act 1991.

The Tribunal was required to determine if the applicant satisfied clause 804.212 of the Migration Regulations, specifically the criterion of being an "aged parent" at the time of her application. The applicant, born on 17 May 1954, was sponsored by her daughter, who was an Australian permanent resident. The delegate's refusal was based on the applicant not being old enough to receive an age pension at the time of her application.

The Tribunal affirmed the delegate's decision, finding that the applicant did not meet the definition of an "aged parent" under regulation 1.03. The Tribunal noted that the age pension eligibility age had gradually increased and that, at the time of the application, the applicant had not yet reached the applicable age of 66. Therefore, she did not satisfy the requirement of being old enough to be granted an age pension. The Tribunal concluded that the applicant did not meet the criteria for the Subclass 804 visa.