BRANISLAV (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically Subclass 101. The applicant's eligibility was in dispute, with the core issue revolving around whether the applicant continued to meet the criteria for full-time study, despite extending their studies to repeat some subjects, and whether they remained dependent on the review applicant, given minimal employment and income. The decision was made by Kira Raif, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 101 visa, particularly in relation to their study commitments and financial dependence. The specific clauses of Schedule 2 to the Regulations that were the subject of consideration included cl.101.211(1)(a), cl.101.213, and cl.101.221(2)(b).

The Tribunal found that the applicant met certain criteria for the visa. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the visa applicant meets the specified criteria. The Minister was therefore directed to consider the remaining criteria for the visa.