Almero (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, subclass 101. The review applicant, identified as the biological father of the visa applicant, sought reconsideration of a decision that had refused the visa. The core dispute revolved around whether the visa applicant qualified as a "dependent child" of the review applicant, who was an Australian citizen.

The Tribunal was required to determine whether the visa applicant met the criteria for a dependent child as defined in regulation 1.03 of the Migration Regulations 1994. Specifically, the Tribunal needed to assess if the visa applicant was under 25 years of age and, if 18 or older, whether they were reliant on the review applicant for financial support to meet basic needs, or incapacitated for work. The delegate's refusal was based on doubts regarding the claimed biological relationship, stemming from a late-registered birth certificate and an uncorroborated affidavit of paternity.

The Tribunal found that the visa applicant was the biological child of the review applicant and was under 25 years of age. It concluded that the delegate's concerns about the biological relationship, while understandable given the evidence presented at the time, did not preclude the visa applicant from meeting the criteria. The Tribunal determined that the matter should be remitted for reconsideration, with the direction that the visa applicant met the criteria under cl 101.211 and cl 101.221(1) of Schedule 2 to the Regulations.