Spies (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant sought this visa on the basis that she was the aged dependent relative of Mr Gideon Steyl, who was her son and an Australian permanent resident. The dispute centred on whether the applicant met the criteria for being an "aged dependent relative" as defined in the Migration Regulations. The decision was made by Adrienne Millbank, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant met the definition of an "aged dependent relative" under the Migration Regulations. This involved assessing whether the applicant was a "relative" of an Australian relative, whether she had a spouse or de facto partner, and crucially, whether she was dependent on the Australian relative for financial support to meet her basic needs. The definition of dependency stipulated that the applicant must be wholly or substantially reliant on the sponsor for food, clothing, and shelter, and that this reliance must be greater than reliance on any other person or source of support.

The Tribunal found that the applicant was a "relative" of an Australian relative, as she was the mother of the sponsor. It also accepted, based on the provided documentation, that the applicant did not have a spouse or de facto partner at the relevant times. However, the Tribunal did not make a final determination on the dependency criterion. Instead, it noted that the applicant had received proceeds from the sale of a business and investment properties, which raised questions about her financial reliance on the sponsor. The Tribunal concluded that further consideration was needed to assess whether the applicant was wholly or substantially reliant on her son for her basic needs, given her potential financial resources.

Consequently, the Tribunal remitted the application for reconsideration by the Minister. The Tribunal directed that the applicant met the criteria under cl.838.212 and cl.838.221 of Schedule 2 to the Regulations, but the crucial criterion of dependency required further assessment.