Koh (Migration)

This matter concerned an application for reconsideration of a decision by the Migration Review Tribunal regarding Parent (Migrant) (Class AX) visas, specifically Subclass 103 (Parent) visas. The review applicant was Mr Koh, whose parents were the applicants for the visas. The central dispute revolved around whether Mr Koh's mother met the criteria for the visa, particularly concerning her status as a "settled Australian citizen" and her ties to Australia, and whether Mr Koh's father was considered a member of her family unit for the purposes of the application.

The Tribunal was required to determine whether Mr Koh's mother satisfied the requirements of clauses 103.211 and 103.221 of Schedule 2 to the Migration Regulations. Clause 103.211 pertains to the applicant being a parent of a settled Australian citizen or settled permanent resident, while clause 103.221 relates to the applicant being a member of the family unit of the sponsor. The Tribunal also had to consider whether Mr Koh's father was a member of the same family unit as his mother.

The Tribunal found that Mr Koh's mother satisfied the requirements of both clauses 103.211 and 103.221. It also determined that Mr Koh's father was a member of her family unit. Consequently, the Tribunal remitted the applications for the Parent (Migrant) (Class AX) visas for reconsideration, with a direction that the first named visa applicant (Mr Koh's mother) met the specified criteria.