PAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning the refusal of Parent (Migrant) (Class AX) visas, subclass 103. The review applicant was the daughter of the visa applicants, who were seeking to migrate to Australia. The central dispute revolved around whether the visa applicants met the eligibility criteria for the visa, specifically concerning the status of their Australian citizen daughter.

The primary legal issue before the Tribunal was whether the visa applicants satisfied the requirements of clause 103.221 of the Migration Regulations. This clause pertains to the sponsor's status, requiring them to be an Australian citizen or permanent resident who has been settled in Australia. The Tribunal had to determine if the visa applicants' daughter, the sponsor, still met this requirement at the time of the decision.

The Tribunal found that the visa applicants did not satisfy the requirements of clause 103.221. The reasoning, as indicated by the decision, was that the sponsor (the daughter) was no longer considered a settled Australian citizen. Consequently, the Tribunal affirmed the decisions made by the Department of Home Affairs not to grant the Parent (Migrant) (Class AX) visas to the applicants.