Zhou (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 114 (Aged Dependent Relative) visa. The applicant sought review of a decision concerning their eligibility for this visa, which requires the applicant to have been dependent on an Australian relative for a reasonable period and to be wholly or substantially reliant on that relative. The dispute centred on the level of financial support provided to the visa applicant by the review applicant and their siblings.

The primary legal issue before the Tribunal was whether the visa applicant met the criteria for the Subclass 114 visa, particularly concerning the requirement of being wholly or substantially reliant on a sponsor. This involved assessing the financial contributions made by the review applicant and their siblings to determine if they constituted sufficient support to satisfy the legislative requirements for dependency.

The Tribunal, having made findings regarding the level of financial support, determined that the visa applicant met certain specified criteria for the Subclass 114 visa, namely those found in cl.114.211 and cl.114.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa back to the Minister for reconsideration, with a direction that these particular criteria were satisfied.