Yu (Migration)

The Administrative Appeals Tribunal considered the application of Mr Yu for a Subclass 864 Contributory Aged Parent (Residence) visa. The primary applicant, Mr Yu, sought review of a decision concerning his eligibility for the visa. A significant factor in the proceedings was the passing of the secondary applicant during the review process.

The central legal issue before the Tribunal was whether Mr Yu met the health criteria for the Subclass 864 visa, specifically clause 864.227 of Schedule 2 to the Migration Regulations 1994. The Tribunal also had to determine its jurisdiction concerning the deceased secondary applicant.

The Tribunal found that it was able to determine the matter in favour of the first named applicant, Mr Yu, based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. It directed that the first named applicant met the relevant visa criteria. However, the Tribunal concluded it had no jurisdiction to make any decision or orders in relation to the second named applicant, who had passed away.