1911988 (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101, where the applicant was over 18 years of age. The primary dispute revolved around whether the applicant met the criteria for a "dependent child" at the time of application and decision. The Department had previously decided not to grant the visa, finding that the applicant did not meet this criterion, and the applicant sought review of that decision before the Tribunal.

The Tribunal was required to determine whether the visa applicant met the requirements of clause 101.211 of the Migration Regulations 1994, specifically the definition of a "dependent child." This involved considering whether the applicant, being over 18, was financially reliant on the sponsor for basic needs, or incapacitated for work. The Tribunal also considered other time-of-application criteria that an applicant over 18 must meet, and whether it would be appropriate to remit the matter to the Department if the applicant met only some, but not all, of the relevant criteria.

The Tribunal applied the definitions of "dependent child" and "dependent" as set out in regulations 1.03 and 1.05A of the Migration Regulations 1994. These regulations require a child over 18 to be wholly or substantially reliant on the sponsor for financial support for basic needs, with that reliance being greater than any other source of support, or to be incapacitated for work. Despite granting extensions for the applicant to provide further evidence, including records of money transmissions, the Tribunal concluded that the evidence did not establish that the applicant met the dependent child criteria. Furthermore, the Tribunal noted that the applicant did not meet other time-of-application criteria for applicants over 18.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa, Subclass 101, as the criteria for the grant of the visa were not met. No claims were advanced in respect of other visa subclasses within Class AH.