Kumar (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Kumar for a Contributory Aged Parent (Residence) (Class DG) visa, subclass 864. The dispute centred on whether Mr. Kumar met the eligibility criteria for this visa subclass, specifically concerning his age.

The primary legal issue before the Tribunal was whether Mr. Kumar satisfied the requirements of clause 864.212 of the Migration Regulations 1994. This clause pertains to the age requirement for applicants seeking a Contributory Aged Parent (Residence) visa.

The Tribunal found that Mr. Kumar did not meet the criteria stipulated in clause 864.212. As this was a mandatory requirement for the visa subclass, and no waiver provision was applicable or had been successfully invoked, the Tribunal concluded that Mr. Kumar was ineligible for the visa. Consequently, the Tribunal affirmed the decision not to grant the visa.