Singh (Migration)

The Administrative Appeals Tribunal affirmed a decision not to grant Contributory Parent (Migrant) (Class CA) visas, subclass 143, to the applicants. The dispute centred on the applicants' failure to disclose a child of the family and the limited provision of emotional and financial support to that child, which impacted the assessment of the "balance of family test" and raised concerns under Public Interest Criterion (PIC) 4020(1).

The Tribunal was required to determine whether the applicants met the criteria for the visa, specifically whether the failure to disclose the child constituted a failure to provide true and correct information, and if compelling or compassionate circumstances existed to waive the requirements of PIC 4020(1). Additionally, the Tribunal had to assess whether the applicants satisfied clause 143.224 of the Migration Regulations 1994 and whether the secondary applicants met the relevant secondary criteria.

In its reasoning, the Tribunal found that the non-disclosure of the child was a significant issue. It concluded that the provision of emotional and financial support to the undisclosed child was limited, and therefore, compelling or compassionate circumstances were not present to justify waiving the requirements of PIC 4020(1). Consequently, the Tribunal was not satisfied that the applicant met clause 143.224, nor that the secondary applicants met their respective criteria. The Tribunal affirmed the decision not to grant the visas.