Kamberi (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 445 (Dependent Child) visa application. The applicant, a 21-year-old single female, sought to be recognised as a dependent child of a visa-holding parent. The core of the dispute revolved around whether the applicant met the regulatory definition of a "dependent child" at the time of her visa application and at the time of the decision.

The Tribunal was required to determine if the applicant was wholly or substantially reliant on the primary visa-holding parent for financial support to meet her basic needs for food, clothing, and shelter. Crucially, the Tribunal had to assess whether this reliance on the primary applicant was greater than her reliance on any other person or source of support. The definition of "dependent child" under the regulations was central to this determination.

The Tribunal considered evidence that the applicant, born in 1996, lived with her paternal grandmother and uncle, and had previously cared for her younger siblings. She had no paid employment and her grandmother's pension was insufficient to support her. While her father, the visa-holding parent, had migrated to Australia, the applicant's primary financial support appeared to come from her father and uncle, who jointly owned the residence where she lived. The Tribunal noted the applicant's role in household chores and childcare, and her father's financial instability and divorce from her mother.

Ultimately, the Tribunal concluded that the application should be remitted to the Minister for further consideration. The Tribunal directed that the visa applicant met the criteria under clause 445.211 of Schedule 2 to the Regulations, indicating that further assessment of other criteria was necessary.