Mohsseni (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 114 (Aged Dependent Relative) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 114 visa, particularly in relation to financial dependency and the circumstances of other children residing in Afghanistan.

The Tribunal found that the applicant met certain specified criteria for the visa, namely cl.114.211 and cl.114.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first named visa applicant satisfied these particular criteria.