Aged Dependent Relative Visa Granted Despite Only 4 Months of Dependency

Visa TypeAged Dependent Relative Visa

CategoryAll Cases

Case Summary

An Aged Dependent Relative visa was refused because the applicant had been financially dependent on her daughter for only four months prior to lodgement, well below the typical benchmark of 12 months. We successfully argued at the MRT that cogent reasons justified departing from the policy threshold.

Background

Our client's application for an Aged Dependent Relative visa was refused on the basis that she had failed to demonstrate financial dependence on her daughter for a 'reasonable period' prior to lodgement. Policy typically requires a minimum of 12 months and ideally three years of dependency. The applicant's dependency had lasted only four months, arising from a sudden deterioration in her financial situation following the collapse of the economy in her home country (Zimbabwe). We appealed to the MRT.

Challenges

Only four months of financial dependency existed, well below the policy benchmark of 12 months
The Department's policy framework typically required three years of dependency
Demonstrating cogent reasons that the Tribunal should depart from the policy threshold

How We Helped

We argued that the Tribunal had discretion to depart from the policy requirement when cogent reasons existed, and identified several such reasons: the applicant's advanced age and her having no home to return to; her other children's inability to provide regular financial support; the fact that her financial dependence arose from circumstances largely beyond her control — the dramatic downturn in the Zimbabwean economy — rather than from any choice; and that she had been unable to support herself financially for a considerable period beforehand, even if formal dependence on the daughter had been formalised only recently.

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Key Success Factors

Clear identification of cogent reasons for the Tribunal to depart from the policy threshold
Evidence that the applicant's homelessness and financial situation arose from the Zimbabwean economic collapse
Documentation that the applicant had been unable to support herself for an extended period prior to the formal dependency
Evidence that her other children were unable to provide the required regular financial support

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Outcome

The Tribunal accepted the cogent circumstances and found it appropriate to depart from the standard policy threshold. The application was remitted to the Department for consideration of the remaining visa criteria.

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