Kavanagh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Partner (Provisional) (Class UF) visa, Subclass 309. The central dispute concerned whether the applicant, who was over 18 years of age, qualified as a "dependent child" of the primary applicant at the time of the visa application.

The Tribunal was required to determine if the applicant met the criteria for being a dependent child, specifically in light of her age and financial circumstances. This involved assessing whether she was financially dependent on her mother, the primary applicant, and whether she had engaged in any significant paid employment that would negate her dependent status.

The Tribunal found that the applicant's employment in late 2016 and early 2017 was limited to a short internship extension and casual holiday work, earning minimal income. Crucially, there was no evidence of paid employment or income received by the applicant after January 2017. The Tribunal was satisfied by evidence, including bank statements and messages, demonstrating regular financial support from her mother for living expenses and utilities, and irregular payments for unforeseen costs. The applicant resided alone in her mother's apartment and was pursuing English language studies with the goal of university admission in Australia. Based on these findings, the Tribunal concluded that the applicant met the criteria for being a dependent child.

Consequently, the Tribunal remitted the application for a Subclass 309 (Partner (Provisional)) visa for reconsideration by the Minister, with a direction that the visa applicant met the criteria specified in cl. 309.311 and cl. 309.321 of Schedule 2 to the Regulations.