Kaur (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, Subclass 804, made by an applicant against a delegate's decision to refuse the visa. The applicant sought review of this refusal.

The central legal issue before the Tribunal was whether the applicant met the definition of an "aged parent" as defined in regulation 1.03 of the Migration Regulations 1994. This definition requires a parent to be old enough to be granted an age pension under the Social Security Act 1991.

The Tribunal reasoned that the applicant's date of birth was 20 May 1955, and the visa application was lodged on 20 February 2020. At that time, the applicant was 64 years and 9 months old. The Tribunal found that this age was below the threshold for being granted an age pension under the Social Security Act 1991, and therefore the applicant did not satisfy the definition of "aged parent" under regulation 1.03, nor did she meet the criteria in clause 804.211 of the Regulations. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.