Shan (Migration)

This matter concerned an application for a Parent (Migrant) (Class AX) visa, Subclass 103, made by parents of a settled Australian citizen. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the visa applicants satisfied the requirements of cl 103.211 and cl 103.221 of Schedule 2 to the Migration Regulations 1994. These clauses relate to the balance of family test and the criterion that the applicant be settled or usually resident in Australia at the time of application.

The Tribunal found that the visa applicants met the specified criteria. It reasoned that the applicants satisfied the balance of family test, which requires that at least half of the applicant's children are settled or usually resident in Australia, or that more of the applicant's children are settled or usually resident in Australia than in any other country. The Tribunal also found that the applicants met the time of application criterion.

Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named visa applicant met the requirements of cl 103.211 and cl 103.221.