KANG (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), made by or on behalf of a child seeking to join their mother. The central dispute concerned whether the child met the dependency requirements, specifically regarding financial support provided by the mother. The Tribunal was tasked with determining if the evidence of money transfers and financial assistance during visits, in the context of the father's low income, established sufficient dependency on the visa applicant's mother.

The Tribunal was required to assess whether the financial support provided by the mother to the child met the criteria for a dependent child under the relevant migration regulations. This involved evaluating the nature and sufficiency of the financial assistance, considering the overall financial circumstances of both parents, and determining if the child was genuinely reliant on the mother for support.

The Tribunal found that the child met criterion cl.101.211 of Schedule 2 to the Regulations, which pertains to the dependency requirements for a Subclass 101 (Child) visa. In reaching this conclusion, the Tribunal considered the money transfers and financial assistance provided by the mother, noting that these occurred during visits and in light of the father's low income, which suggested a greater reliance on the mother. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.