Maqdassi (Migration)

The Administrative Appeals Tribunal considered an application for Child (Migrant) (Class AH) visas, specifically Subclass 101, sponsored by an Australian resident step-mother. The applicants were the dependent children of the sponsor's former partner. The Tribunal affirmed the delegate's decisions not to grant the visas.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of a Subclass 101 visa. This involved determining whether the applicants qualified as dependent children of the sponsor, considering their relationship to the sponsor's former partner.

The Tribunal's reasoning focused on the specific requirements of the Subclass 101 visa. It was determined that the applicants did not satisfy these criteria, as they were not the children of the Australian resident sponsor in a manner that met the visa subclass requirements. No claims were advanced in relation to other visa subclasses within Class AH, such as Subclass 102 or Subclass 117.

Consequently, the Tribunal affirmed the decisions of the delegate not to grant the Child (Migrant) (Class AH) visas to the applicants.