Danao (Migration)

The Administrative Appeals Tribunal considered an application for Child (Migrant) (Class AH) visas, specifically Subclass 101 (Child) visas. The applicants sought these visas, but the delegate of the Minister had refused to grant them. The Tribunal was therefore tasked with reviewing this decision.

The primary legal issues before the Tribunal were whether the applicants met the criteria for the grant of a Subclass 101 visa. This involved determining if the applicants were financially reliant on the sponsor and if they were undertaking studies leading to a qualification, as required by the relevant migration regulations.

The Tribunal found that the evidence presented did not sufficiently demonstrate that the applicants were financially reliant on the sponsor. Furthermore, the Tribunal concluded that the applicants were not undertaking studies that would lead to a qualification, a key requirement for this visa subclass. Consequently, the Tribunal affirmed the delegate's decision not to grant the visas.