S Muniyandy (Migration)

This matter concerned an application for review of a decision to refuse a Contributory Aged Parent (Temporary) (Class UU) visa (subclass 884). The applicant, Ms. S Muniyandy, sought to reside in Australia with her Australian citizen daughters. The dispute centred on whether Ms. Muniyandy met the age requirement stipulated by the visa subclass.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied clause 884.212 of the Migration Regulations 1994, which requires an applicant to be a parent old enough to be granted an age pension under the *Social Security Act 1997*. The applicant's date of birth is 25 February 1964, and she applied for the visa on 13 July 2017, at which time she was 53 years, four months, and 18 days old. The eligible age for an age pension under the *Social Security Act 1997* at the time of her application was 65 years and 6 months.

The Tribunal reasoned that as Ms. Muniyandy was not yet 65 years and 6 months old at the time of her application, she did not meet the age requirement stipulated by clause 884.212. The Tribunal noted that this was a mandatory criterion for the visa, and it possessed no discretion to waive this requirement. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.

The decision under review was affirmed.