Tanabe (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Aged Parent (Residence) (Class BP) visa, specifically a Subclass 804 visa. The applicant sought review of a decision by the Minister concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 804 visa, particularly in relation to paragraph 4005(1)(c) of the *Migration Regulations 1994* (Cth) as it applied to clause 804.225 of Schedule 2 to those Regulations.

The Tribunal found that the applicant satisfied certain criteria for the visa. Consequently, the Tribunal remitted the application back to the Minister for reconsideration of the remaining criteria. The direction given was that the applicant meets the criteria specified in PIC 4005(1)(c) for the purposes of cl.804.225.