Fu (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101, by a child applicant sponsored by their parent. The central dispute concerned whether the applicant qualified as a "dependent child" for the purposes of the visa subclass.

The Tribunal was required to determine whether the applicant was a dependent child of the sponsor, specifically whether the applicant was reliant on any other source, and whether reliance on housing provided by the government meant the applicant was not "dependent" on the sponsor.

The Tribunal affirmed the decision not to grant the visa. It reasoned that the applicant's reliance on housing provided by the government meant they were not "dependent" on the sponsor as required by the visa criteria. As no claims were advanced in respect of other visa subclasses within Class AH, the Tribunal affirmed the original decision to refuse the visa.