Luo (Migration)

The Administrative Appeals Tribunal considered an application by a visa applicant for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 114 (Aged Dependant Relative) visa. The applicant sought to migrate to Australia based on dependency on an Australian relative. The decision under review affirmed the refusal of this visa.

The primary legal issue before the Tribunal was whether the visa applicant met the prescribed criteria for a Subclass 114 visa, particularly the requirement of being dependent on an Australian relative for a reasonable period. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses.

The Tribunal found that the visa applicant did not meet the criteria for the Subclass 114 visa. While the applicant's brother, who had migrated to Australia, visited the applicant's home country twice a year to provide care, the applicant was living in her own property and receiving a pension. These circumstances did not establish the requisite dependency on the Australian relative for a reasonable period. Furthermore, the Tribunal found no material to suggest the applicant met the criteria for any other visa subclasses. The Tribunal affirmed the decision not to grant the visa.