Yung (Migration)

This matter concerned an appeal by Mr Chung Kan Yung against the refusal of his application for a Partner (Temporary) (Class UK) visa, subclass 820. Mr Yung sought to be included as a secondary applicant, claiming to be the father of the primary applicant, Ms Jessica Ho Chuk Yung. The core of the dispute revolved around whether Mr Yung met the definition of "dependent" as required by migration regulations.

The Tribunal was required to determine if Mr Yung was wholly or substantially reliant on Ms Yung for financial support for his basic needs for food, clothing, and shelter for a substantial period immediately preceding his application, and if this reliance was greater than his reliance on any other person or source of support. The delegate had refused the application on the basis that Mr Yung did not meet the definition of dependent, and therefore did not qualify as a member of the family unit.

The Tribunal considered evidence including departmental and tribunal files, and oral testimony. Ms Yung provided detailed evidence that her father, Mr Yung, had lived with her in Hong Kong since his retirement in 1991, and had been financially reliant on her for his support, particularly as he did not receive a pension until he turned 65. The Tribunal was satisfied that Mr Yung was indeed the father of Ms Yung and accepted her testimony regarding his dependence.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that Mr Yung met the criteria for a Subclass 820 visa concerning being a dependent and a member of the family unit. The remaining criteria for the visa were to be considered by the Minister.