Rondonuwu (Migration)

The Administrative Appeals Tribunal considered an appeal by the applicants concerning the refusal of their applications for Aged Parent (Residence) (Class BP) visas, specifically Subclass 804. The core of the dispute revolved around whether the applicants satisfied the 'balance of family test', a crucial criterion for this visa subclass.

The primary legal issue before the Tribunal was to determine whether the applicants met the requirements of the balance of family test as stipulated by the *Migration Regulations 1994* (Cth). This test requires that an applicant have more eligible children than ineligible children.

The Tribunal's reasoning focused on the definition of eligible and ineligible children under the relevant regulations. It found that the applicants had a greater number of ineligible children than eligible children. Consequently, the Tribunal concluded that the applicants did not satisfy the balance of family test, a mandatory requirement for the Subclass 804 visa.

The Tribunal affirmed the decision not to grant the applicants the Subclass 804 visas. The Tribunal also noted that it had no jurisdiction in relation to the first named applicant.