06 Sep 1999
- Ms Connie Chun
- Australian Consulate General
- 24/F, 25 Harbour Road
- Harbour Centre, Wan Chai
- Hong Kong
Dear Ms Chun
Re : Mr A - FxxxxxxP
We refer to your letter of 20 Jul 1999 and enclose the attached supporting documents contained in the List of Schedules to confirm that Mr A is solely dependent upon his parents financially.
In support of Mr A's claim of dependency we would like to invite your attention to the following cases decided by the then Immigration Review Tribunal:
- (1) Re Phillips - IRT Ref Q91/01021
- (2) Re Aruna Durai Raj - IRT Ref V90/00109
- (3) Re Wati - IRT Ref N92/01245
In the case Re Phillips, the following extracts on page 3 of IRT's case notes are relevant:
"The word dependent is defined in the same regulation as meaning wholly or substantially dependent on another person for financial, psychological or physical support. A finding on the evidence of any one such support, provided it is at least substantial, would be sufficient to show dependence. "
In the case Re Aruna Durai Raj, two points are worthy of note. The first is the importance given to cultural factors in IRT's deliberations. We venture to suggest that family bonds in Chinese tradition is very similar to the Indian tradition.
Secondly, the following extract on page 8 of IRT's case notes is relevant:
" I note that the Department has also been prepared to concede that the principal is at least substantially dependent on the applicant for financial, psychological, or physical support. I read these, in effect, as alternatives, and the definition can thus be satisfied, as in this case, if the principal is merely financially dependent. "
In the case Re Wati, the interpretation of 'dependency' (page 5) follows similar reasoning adopted by the above cases. Of interest in this case is the fact that the Principal was 29 years old at the time of the application but the case had been decided in the applicant's favour.
I am going to enclose copies of these IRT Case Notes for your reference. As they come into quite a number of pages, I am faxing this covering letter to you today and organizing the supporting documents to be sent to you via EMS Speed Post tomorrow.
Yours truly
Preston Migration & Investment Consultants
