Vaughan (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804, made by the applicant. The dispute concerned whether the applicant met the requirements for this visa, specifically in relation to the balance of family test.

The primary legal issue before the Tribunal was whether the applicant satisfied the balance of family test as required for the subclass 804 visa. This test requires that at least half of the applicant's children are either Australian citizens, Australian permanent residents, or eligible to hold a visa that authorises them to remain in Australia indefinitely. The Tribunal also had to consider the visa status of the applicant's child at the time the application was made.

The Tribunal's reasoning focused on the definition of an "eligible child" for the purposes of the balance of family test. It was determined that the applicant had only one child who met the criteria of being an Australian citizen or permanent resident. The Tribunal found that the applicant's other child did not hold a visa that authorised them to remain in Australia indefinitely at the time the application was lodged. Consequently, the Tribunal concluded that the applicant did not meet the balance of family test.

The Tribunal affirmed the decision not to grant the applicant an Aged Parent (Residence) (Class BP) visa.