Do (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who was a United States citizen born in 1995. The applicant sought to be recognised as a dependent child of an eligible person in Australia. The core of the dispute revolved around whether the applicant met the criteria for being a "dependent child" and satisfied the associated study requirements at the relevant times.

The Tribunal was required to determine two primary legal issues: firstly, whether the applicant qualified as a "dependent child" under the Migration Regulations 1994, specifically considering the financial dependency and other criteria for applicants aged 18 or over; and secondly, whether the applicant had met the regulatory requirements for undertaking a full-time course of study since turning 18. These determinations were crucial for establishing eligibility for the Subclass 802 visa.

In its reasoning, the Tribunal examined the applicant's evidence regarding financial support from his mother and his engagement in studies. The applicant claimed to be financially and emotionally dependent on his mother, who sent him money monthly, and stated he was studying Certificates III and IV in Fitness. However, the Tribunal noted discrepancies and a lack of documentary evidence for his prior study in the USA. Crucially, the Tribunal found that the applicant had completed his fitness certificates in December 2016 and commenced full-time work as a personal trainer in February 2017, indicating he was not engaged in full-time study at the time of the decision. The Tribunal applied the definition of "dependent child" in Regulation 1.03 and the study requirements outlined in Regulation 802.214, concluding that the applicant did not meet the criteria for continued study and was not reliant on his mother for financial support to meet basic needs at the time of the decision.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Residence) (Class BT) visa, Subclass 802, as the applicant did not meet the prescribed criteria.