Zhu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Contributory Aged Parent (Residence) (Class DG) visa, Subclass 864. The applicants were the first applicant, who was four days younger than the required age for the visa, and their sponsor. The AAT affirmed a decision that the first applicant did not meet the age requirement.

The primary legal issue before the Tribunal was whether the first applicant met the age requirement for the Subclass 864 visa. This involved determining if there were circumstances beyond the applicants' control that explained why the application was lodged when the first applicant was four days short of the prescribed age.

The Tribunal found that the applicants' submission that the application was delivered by mail faster than expected did not constitute circumstances beyond their control. The Tribunal reasoned that the applicants had control over when they posted the application and that the postal service's delivery speed was a foreseeable factor. Therefore, the Tribunal concluded that the first applicant did not satisfy the age requirement for the visa.