Chun (Migration)

This matter concerned an appeal by a visa applicant, a secondary applicant for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), against a decision made by the Department. The primary applicant was the visa applicant's mother, Mrs Yem. The central dispute revolved around whether the visa applicant, who was over 18 years of age at the time of application, met the criteria for being a "dependent child" under the relevant migration regulations.

The court was required to determine if the visa applicant was a "dependent child" of her mother, as defined by regulation 1.03 and further elaborated in regulation 1.05A. Specifically, the court had to assess whether the applicant was, at the time of application and for a substantial period prior, wholly or substantially reliant on her mother for financial support to meet her basic needs, and whether this reliance was greater than any other source of support. The court also considered the applicant's ongoing reliance on her mother.

The court reasoned that while the applicant was over 18, the definition of "dependent child" included individuals over 18 who were dependent on the primary applicant. Applying regulation 1.05A, the court found that the applicant had established a substantial period of reliance on her mother for financial support for her basic needs, noting her studies and irregular work in her home country, with her mother covering rent and expenses. The court was also satisfied that this reliance continued, both financially and for emotional and psychological support.

Consequently, the court remitted the application for reconsideration by the Department, with a direction that the applicant met the criteria under clause 820.311 of Schedule 2 to the Regulations, as she was a dependent child of the primary applicant at the time of application.