1515422 (Migration)

This matter concerned a visa applicant, aged 25, born in Serbia, who sought to meet the criteria for a dependent child visa. The delegate had been satisfied that the applicant met clauses 101.211 and 101.213 of the relevant regulations at the time of application but was not satisfied that the applicant met clause 101.221 at the time of decision, specifically regarding full-time study. The Tribunal was therefore required to determine whether the visa applicant met the criteria in clauses 101.211, 101.213, and 101.221.

The Tribunal considered the definition of a "dependent child" under regulation 1.03, which requires the child to be under 25, not engaged or partnered, and, if 18 or older, reliant on the parent for financial support or incapacitated for work. The evidence established that the review applicant had provided consistent financial support to the visa applicant, including payments for living expenses and university costs, either directly or through family members. The Tribunal found that the visa applicant had turned 25 at the time of the decision.

Regarding the additional criteria for applicants over 18, the Tribunal found that the visa applicant was not engaged or partnered, nor had they ever been. The applicant was also not engaged in full-time work, although they were undertaking work experience as part of their university course. The Tribunal noted that the applicant was not incapacitated for work. The Tribunal concluded that the criteria in cl.101.211 and cl.101.221(2)(a)(ii) were met. However, the delegate's dissatisfaction related to the full-time study requirement at the time of decision. The Tribunal's decision was to remit the matter for reconsideration, indicating that further assessment of the full-time study criterion was necessary.