Kaur (Migration)

The applicant, Ms Kaur, sought judicial review of a decision concerning her application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The dispute centred on whether Ms Kaur met the criteria for this visa, particularly in relation to her relationship with her Australian sponsor and the nature of their financial support. The decision was made by Kira Raif, Senior Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for a Subclass 838 visa, specifically clauses 838.212 and 838.221 of Schedule 2 to the Regulations. These clauses relate to the applicant being a dependent relative of an Australian relative and the sponsor providing financial support.

The Tribunal found that the applicant met the criteria outlined in clauses 838.212 and 838.221 of Schedule 2 to the Regulations. The Tribunal's reasoning, though not fully detailed in the provided text, indicated that the sponsor's payment for the applicant's travel and living expenses, along with regular substantial financial transfers, satisfied the dependency and financial support requirements. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets these specified criteria.