Kim (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Kim for review of a decision to refuse his application for an Aged Parent (Residence) (Class BP) visa, subclass 804. The central issue before the Tribunal was whether Mr. Kim met the definition of an "aged parent" for the purposes of this visa subclass.

The Tribunal was required to determine whether Mr. Kim was old enough to be granted an age pension under the *Social Security Act 1991* (Cth). This involved an assessment of his age and potentially other eligibility criteria for the age pension, as stipulated by the relevant migration regulations.

In its reasoning, the Tribunal applied the legislative definition of "aged parent" as it pertains to the subclass 804 visa. This definition requires an applicant to satisfy the age requirements for receiving an age pension under the *Social Security Act 1991*. The Tribunal affirmed the delegate's decision, finding that Mr. Kim did not meet the necessary age criteria to qualify as an "aged parent" for the visa.