High Court rules against ATO, finding tax debts can be shifted between spouses
Aged dependent relative
Migration Review Tribunal remitted the Department’s Decision in relation to a Subclass 114 – Aged Dependent Relative Visa
The Department found that the visa applicants failed to meet the requirements of the Migration Regulations as they were not members of the family unit of the primary visa applicant, a person who was the holder of a Subclass 114 visa.
The review applicant provided the Migration Review Tribunal with evidence that the first named visa applicant had now given up work, and cared for the primary applicant on a full-time basis. The review applicant also provided the Tribunal with evidence that she transferred money to the applicants on a monthly basis.
It was claimed that the visa applicants lived in the primary applicant’s house and that they were wholly dependent on her for shelter. It was also claimed the money transferred by the review applicant provided substantially for the visa applicants’ food and clothing.
The Tribunal accepted that the first named visa applicant’s reliance on the primary applicant to meet her basic needs was greater than her reliance on any other source of support.
The Tribunal was also satisfied that the second named visa applicant was wholly or substantially reliant on the first named visa applicant to meet her basic needs. The Tribunal found the visa applicants were the dependent children of the primary applicant.
As the visa applicants met the legislation requirements, the Tribunal found they were members of the primary applicant’s family unit at the time of application and decision
The Tribunal found that the applicants met the criteria for the grant of the visa and the decision under review was remitted to the Department of Immigration for reconsideration.