Kim (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804. The applicant sought the visa on the basis that they were the parent of Dong Won Kim, an Australian citizen. The sponsor, Mr Kim, was the applicant's child.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically clause 804.224 of the Migration Regulations. This clause requires the Minister to be satisfied that an assurance of support has been accepted by the Secretary of the Department of Family and Community Services.

The Tribunal found that the parties had not provided an assurance of support to the Tribunal. Consequently, the applicant did not satisfy the requirements of clause 804.224. The Tribunal therefore affirmed the decision not to grant the applicant the Aged Parent (Residence) (Class BP) visa.