Guo (Migration)

This matter concerned an application for a Subclass 188 Business Skills (Provisional) visa, lodged by Ms Yimin Guo, with her daughter included as a member of her family unit. The applicant, who was over 18 years of age, was seeking to be recognised as a member of Ms Guo's family unit for the purposes of the visa application. The decision under review was made by the Tribunal.

The central legal issue before the Tribunal was whether the applicant, being over 18, qualified as a "dependent child" of Ms Guo, and therefore a "member of the family unit" as defined by the Migration Regulations. This required determining if the applicant was "wholly or substantially reliant" on Ms Guo for financial support to meet her basic needs for food, clothing, and shelter, and if this reliance was greater than any reliance on other persons or sources of support.

The Tribunal considered the definition of "dependent child" in regulation 1.03 and the definition of "dependent" in regulation 1.05A. It noted that the applicant was over 18 and therefore needed to satisfy the criteria for being dependent. After reviewing a comprehensive submission from the applicant's representative, the Tribunal concluded that the applicant was indeed a dependent child of Ms Guo at the time of the decision, meeting the requirements of regulation 1.12(1)(b). Consequently, the applicant was considered a member of Ms Guo's family unit and satisfied clause 188.311 of the Migration Regulations.

The Tribunal remitted the application for a Class EB Business Innovation and Investment subclass 188 visa for reconsideration, with a direction that the applicant meets the criterion specified in clause 188.311 of Schedule 2 to the Migration Regulations.