Ng (Migration)

The Administrative Appeals Tribunal considered the application of an individual seeking an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The core of the dispute concerned whether the applicant satisfied the definition of an "aged dependent relative" as required by the relevant migration regulations.

The Tribunal was tasked with determining whether the applicant met the prescribed criteria for the Subclass 838 visa, particularly the definition of dependence on the sponsor. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses for which an application may have been made.

In its reasoning, the Tribunal concluded that the applicant did not meet the definition of an aged dependent relative. The Tribunal found no material before it that would permit a finding that the applicant satisfied the prescribed criteria for the visa sought. Consequently, the Tribunal affirmed the decision not to grant the applicant the Other Family (Residence) (Class BU) visa.