Germanos (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by an applicant who was over 18 years of age. The applicant had withdrawn from their course of study prior to the visa application and was incapacitated for work, relying financially on their parents. The AAT affirmed the delegate's decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the eligibility criteria for a Subclass 101 Child visa, specifically concerning the age and study requirements. The Tribunal also implicitly considered the provisions relating to financial dependence and incapacity for work as they related to the overall assessment of the applicant's eligibility under the relevant migration regulations.

The Tribunal's reasoning focused on the applicant's failure to satisfy the explicit requirements of the Subclass 101 visa. The applicant was over the age limit for the visa, and crucially, had not been engaged in a course of study at the time of the application, having withdrawn from their studies. While the applicant's financial dependence and incapacity for work were noted, these factors did not overcome the fundamental failure to meet the primary criteria for the visa subclass. The Tribunal affirmed the delegate's decision that the criteria for the grant of the visa were not met.