Vo (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804. The applicant sought review of a decision not to grant the visa. The dispute centred on whether the applicant met the requirements of clause 804.226(2) of the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the applicant satisfied clause 804.226(2) of Schedule 2 of the Migration Regulations. This clause requires that at the time of the decision, each member of the family unit who is not an applicant for a Subclass 804 visa must satisfy the public interest criteria (PIC) relevant to the applicant. Specifically, the Tribunal had to determine if the applicant's non-migrating spouse met PIC 4001 and PIC 4005.

The Tribunal reasoned that the applicant's wife, who was a member of the family unit but not an applicant for the visa, had failed to satisfy PIC 4001 and PIC 4005. As a consequence, the Tribunal found that the applicant did not meet the requirements of clause 804.226(2). Therefore, the applicant did not meet the criteria for a Subclass 804 visa.

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