Juglall (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant born in 1993. The applicant sought review of a delegate's decision to refuse the visa. The primary issue was whether the applicant met the definition of "dependent" on the sponsoring relative, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant was dependent on the sponsor for a substantial period, and if that reliance was greater than any reliance on other sources of financial support, specifically his maternal aunt, who had provided him with accommodation, food, and paid for his tertiary education. The applicant's initial application stated his aunt was his main source of financial support.

The Tribunal found that the delegate's decision did not adequately consider all the evidence, particularly regarding the applicant's reliance on his sponsor. The Tribunal noted that the definition of "dependent" under regulation 1.05A requires a substantial period of reliance for basic needs and that this reliance must be greater than reliance on any other source. Given the evidence presented, including statutory declarations and financial transfers, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria under cl.802.212 and cl.802.221(2)(a) of Schedule 2 to the Regulations, leaving the assessment of remaining criteria to the Department.