1507876 (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 101 (Child) visa. The applicant was the biological son of the sponsor, who was an Australian permanent resident married to an Australian citizen. The dispute centred on whether the applicant met the criteria for a dependent child at the time of the application and decision.

The Tribunal was required to determine whether the applicant satisfied the requirements of clause 101.211(1) and clause 101.221 of Schedule 2 to the Migration Regulations 1994. These clauses define the criteria for a dependent child, including age, relationship to the sponsor, and the nature of dependency, particularly for applicants over 18 years of age. The definition of "dependent child" in regulation 1.03 and the meaning of "dependent" in regulation 1.05A were central to this determination.

The Tribunal found that the applicant met the criteria for a dependent child under clause 101.211(1) and clause 101.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant met these specified criteria.