Karanja (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child) visa, before the Migration and Refugee Division of the Administrative Appeals Tribunal. The review applicant was the parent of the visa applicant, who was the subject of the visa application. The core of the dispute revolved around whether the visa applicant met the dependent child criteria at the time of application and at the time of the decision.

The Tribunal was required to determine whether the visa applicant satisfied the criteria for a dependent child under clause 101.211 of Schedule 2 to the Migration Regulations 1994. Specifically, this involved assessing whether the visa applicant was under 25 years of age, in a relevant child-parent relationship, and met the definition of a "dependent child" as defined in regulation 1.03, considering their age and reliance on the review applicant. The Tribunal also had to consider the continuing validity of these criteria at the time of the decision, as stipulated by clause 101.221.

The Tribunal found that the visa applicant, born on 13 February 2007, was 11 years old at the time of application and 15 years old at the time of the decision. Based on this, the Tribunal concluded that the visa applicant met the definition of a dependent child under regulation 1.03(a) as she had not turned 18. Furthermore, the Tribunal found that the visa applicant met the criterion of being under 25 years of age at the time of application under clause 101.211(1)(b). Given these findings, the Tribunal remitted the matter to the Minister for reconsideration, directing that the visa applicant met the criteria under clauses 101.211 and 101.221 of Schedule 2 to the Regulations.