Bajora (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of the applicants for a Child (Residence) (Class BT) visa, Subclass 802. The applicants, who were over 18 years of age, sought to establish that they met the definition of a 'dependent child' for the purposes of the visa. The core of the dispute revolved around whether the applicants' circumstances, including their relationship status, history, lack of full-time work, and periods of study, satisfied the criteria for dependency.

The Tribunal was required to determine whether the applicants were 'dependent children' as defined by the Migration Regulations. Specifically, the AAT had to assess whether the applicants were either undertaking full-time study or were incapacitated for work. A key aspect of this determination involved examining the reasonableness of any breaks in their full-time study, considering factors such as financial challenges and caring responsibilities.

In its reasoning, the Tribunal applied the relevant provisions of the Migration Regulations concerning the definition of a dependent child. It considered the applicants' evidence regarding their study history, including any gaps, and evaluated whether these breaks were reasonable in light of their stated financial difficulties and family obligations. The Tribunal's assessment focused on whether, despite these interruptions, the applicants could still be considered to be undertaking full-time study or were incapacitated for work, thereby fulfilling the dependency requirement. The Tribunal affirmed the decision under review.