Liu (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 836 (Carer) visa application. The applicant, who had turned 18, sought to be recognised as a member of the family unit of the primary visa applicant, his mother, at the time of the decision. The core dispute revolved around whether the applicant met the definition of a "dependent child" under the Migration Regulations 1994.

The Tribunal was required to determine if the applicant qualified as a "dependent child" as defined in regulation 1.03 of the Migration Regulations 1994, specifically considering the requirements that the child must not be engaged, married, or in a de facto relationship, and if over 18, must be "dependent" within the meaning of regulation 1.05A or incapacitated for work. The Tribunal also had to assess whether the applicant was wholly or substantially reliant on the primary visa applicant.

The Tribunal reasoned that while the applicant had turned 18, he satisfied the requirement of not being engaged, married, or in a de facto relationship. The Tribunal accepted the applicant's explanations for certain financial transactions that might have suggested a partner, concluding they were not indicative of such a relationship. The Tribunal then considered the applicant's reliance on his mother, noting periods of casual employment but finding that he was "wholly or substantially reliant" on her.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clause 836.321 of Schedule 2 to the Migration Regulations 1994, finding him to be a member of the family unit of the primary visa applicant at the time of the decision.