Lin (Migration)

This matter concerned an application for a Contributory Parent (Migrant) (Class CA) visa, specifically a Subclass 143 visa. The central dispute revolved around whether the applicant qualified as a ‘dependent child’ for the purposes of the visa, given that the applicant was not working and relied on financial support from their parents to subsist. The decision was made by Senior Member Kira Raif of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for being a dependent child under the relevant regulations. This involved assessing the applicant's financial circumstances and their reliance on parental support in the context of the visa requirements.

The Tribunal found that the applicant did meet certain criteria for the Subclass 143 visa, specifically those outlined in clauses 143.311 and 143.321 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application back to the Minister for reconsideration, with a direction that the first named visa applicant satisfied these particular criteria.