Yu (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 838 (Aged Dependent Relative) visa. The applicant sought review of a decision made by the delegate.

The primary legal issue before the court was whether the applicant was substantially reliant on her sponsor for a substantial period before lodging her application, and whether the delegate had made a decision without hearing necessary evidence. The court was required to consider the evidence presented regarding the applicant's financial dependence, including financial transfers and the inadequacy of her own income.

The court reasoned that the evidence, including statements from the sponsor and his sister, medical reports, and records of financial transfers totalling $16,700 over three years, indicated that the applicant was substantially reliant on her sponsor. It was noted that no other individual had made monetary transfers to the applicant, and her daughter in New Zealand had been unable to provide financial support. The court found that the delegate had not adequately considered this evidence, leading to a decision made without hearing necessary evidence.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.838.212 and cl.838.221 of Schedule 2 to the Regulations.