Del Dosso (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, subclass 802, by Ms. Del Dosso. The applicant sought to establish that she met the criteria for being a "dependent child" of an Australian permanent resident. The Tribunal was required to determine whether the applicant satisfied the requirements of the relevant provisions of the Migration Regulations 1994, specifically concerning her dependency on her sponsor.

The primary legal issues before the Tribunal were whether Ms. Del Dosso qualified as a "dependent child" under regulation 1.03 and regulation 1.05A of the Migration Regulations 1994 at the time of the visa application and at the time of the decision. This involved assessing whether she was reliant on her sponsor for financial support to meet her basic needs, and whether this reliance was greater than any other source of support, considering her age and any periods of employment or study.

The Tribunal considered the definition of "dependent child" which requires, for applicants over 18, that they be dependent on the sponsor for financial support to meet basic needs, or be incapacitated for work. Applying the principles from *Huynh v MIMA* [2006] FCAFC 122, the Tribunal focused on whether the applicant was, as a matter of fact, relying on her sponsor for support. Despite evidence of some periods of study and employment, the Tribunal found that the applicant had not demonstrated the necessary factual dependency on her sponsor to meet the criteria for the visa. The Tribunal noted lengthy gaps in studies and a failure to complete courses, and that the applicant was over 19 years old upon arrival in Australia.

Consequently, the Tribunal affirmed the decision not to grant Ms. Del Dosso the Child (Residence) (Class BT) visa, finding that the criteria for the visa were not met.