1505180 (Migration)

This matter concerned a visa application where the Tribunal was required to determine whether the applicant met the criteria for a dependent child. The primary issue revolved around the applicant's status as a dependent child, particularly in light of their age at the time of application and decision, and whether they met the additional requirements for applicants over 18.

The Tribunal was tasked with assessing whether the visa applicant qualified as a "dependent child" under regulation 1.03, considering their age, relationship to the sponsor, and financial reliance. Specifically, the court needed to determine if the applicant, who was 18 at the time of application, was incapacitated for work or, alternatively, met the study requirements stipulated in clause 101.213(1)(c) of the regulations. This included examining whether the applicant had been undertaking a full-time course of study leading to a professional, trade, or vocational qualification since turning 18 or within a reasonable time after completing Year 12.

The Tribunal found that the visa applicant was born on 16 September 1995 and was 18 years old at the time the application was lodged on 1 September 2014. It was satisfied that the applicant was not incapacitated for work. The Tribunal accepted evidence that the applicant had not been engaged or partnered at the time of application or decision, and had never been so. Furthermore, the Tribunal was satisfied that the applicant had not been engaged in full-time work and had been financially supported by their father. However, the Tribunal noted that the crucial criterion regarding full-time study had not been adequately addressed by the evidence presented. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration to allow for the proper assessment of the study requirement.