1512181 (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 188 visa, where the applicant was included as a member of the family unit of the primary applicant, Ms Wu Jinglan. The dispute centred on whether the applicant, who was over 18 years of age, qualified as a "dependent child" and thus a "member of the family unit" under the Migration Regulations.

The Tribunal was required to determine if the applicant met the definition of a "dependent child" as defined in regulation 1.03 and subsequently whether he was a "member of the family unit" under regulation 1.12, given that he was over 18. This involved assessing whether he was wholly or substantially reliant on Ms Wu for financial support to meet his basic needs, and whether this reliance was greater than any other support he received, as stipulated in regulation 1.05A.

The Tribunal reasoned that the applicant's continuous full-time study since turning 18, coupled with evidence of financial support from Ms Wu for his living expenses and tuition fees, established his dependency. The applicant's representative provided a detailed education history and evidence of money transfers from Ms Wu. The Tribunal concluded that the applicant was financially dependent on Ms Wu for his basic needs and that this reliance was greater than any other source of support.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criterion in clause 188.311 of Schedule 2 to the Migration Regulations, finding that he is a dependent child and therefore a member of Ms Wu's family unit.