Van der Zanden (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant, a 76-year-old Dutch national, sought the visa on the basis that he was the aged dependent relative of his son, Mr Bo Van der Zanden, an Australian permanent resident. The Tribunal was required to determine whether the applicant met the criteria for the visa, particularly concerning his relationship to the sponsor and his dependency.

The primary legal issues before the Tribunal were whether the applicant qualified as an "aged dependent relative" as defined in regulation 1.03 of the Migration Regulations 1994. This involved assessing whether the applicant was a "relative" of an Australian permanent resident, whether he had a spouse or de facto partner, whether he had been dependent on the Australian relative for a substantial period and remained so dependent, and whether he was of an age to be granted an aged pension. The Tribunal also considered whether the applicant had made a valid application for a Carer visa, which he had not.

The Tribunal found that the applicant was indeed the father of the sponsor, Mr Bo Van der Zanden, who was an Australian permanent resident, thus satisfying the "relative" criterion. The Tribunal also noted the applicant's evidence of divorce from previous partners and a statutory declaration regarding the conclusion of a de facto relationship, suggesting he did not have a current spouse or de facto partner. However, the delegate had not been satisfied on this point. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 838.212 and 838.221 of Schedule 2 to the Regulations.