Feng (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who had turned 18. The applicant's mother had provided full financial support, and the applicant was considered a dependent child of the sponsor at the time of the application.

The primary legal issue before the Tribunal was whether the applicant continued to meet the dependence requirement for the visa, notwithstanding having reached the age of 18.

The Tribunal found that the applicant continued to meet the dependence requirement. It reasoned that the provision of full financial support by the mother established the applicant's dependence, and this status was maintained. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.802.212 of Schedule 2 to the Regulations.