Kaewsawang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Child (Residence) (Class BT) visa, Subclass 802. The applicant was sponsored by their mother, who held an Australian permanent resident visa. The core dispute revolved around whether the applicant, aged 21 at the time of application, met the definition of a "dependent child" as required for the visa subclass.

The Tribunal was required to determine if the applicant qualified as a "dependent child" under regulation 1.03 of the Migration Regulations 1994, specifically in relation to clause 802.212(1)(a) of the Migration Act 1994. This involved assessing whether the applicant was reliant on their sponsor for financial support to meet basic needs, and if that reliance was greater than reliance on any other person or source, or if the applicant was incapacitated for work due to loss of bodily or mental functions.

The Tribunal found that the applicant did not meet the criteria for a dependent child. The applicant was in gainful employment, and had been for a significant period, including prior to lodging the application. There was no claim or evidence presented to suggest the applicant was incapacitated for work due to loss of bodily or mental functions. Furthermore, the Tribunal noted that the applicant's accommodation was provided by the sponsor's former partner, indicating a greater reliance on the applicant's own finances than on the sponsor. Consequently, the Tribunal affirmed the decision not to grant the visa.