Badoola (Migration)

The Administrative Appeals Tribunal considered an application by Badoola for a Child (Migrant) (Class AH) visa, specifically a Subclass 101 (Child) visa. The core of the dispute concerned whether Badoola, as the biological child of the sponsor, met the criteria for the visa, particularly in relation to dependency and age.

The Tribunal was required to determine whether the applicant met the criteria specified in clauses 101.211 and 101.213 of Schedule 2 to the Migration Regulations 1994. These clauses relate to the applicant being a dependent child and not having turned 25 years of age at the time of application.

The Tribunal found that the applicant met these specific criteria. Consequently, the Tribunal remitted the application to the Minister for further reconsideration, with a direction that the applicant satisfies the aforementioned criteria for the Subclass 101 visa. The Minister is to consider any remaining criteria for the visa.