Choi (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant seeking to be recognised as a member of the family unit, specifically a dependent child, of a primary visa applicant. The core of the dispute revolved around whether the applicant met the criteria for being a dependent child, particularly concerning their age and reliance on the primary applicant.

The Tribunal was required to determine whether the applicant was wholly or substantially reliant on the primary visa applicant, a key criterion for establishing their status as a dependent child for the purposes of the visa application. This assessment would dictate whether the applicant could be considered a member of the family unit of the primary applicant.

The Senior Member, Kira Raif, affirmed the decision not to grant the visa. This affirmation was based on the finding that one of the essential requirements for the visa was not met, leading to the conclusion that the applicant did not qualify for the Temporary Activity (Class GG) visa.