Marqueses (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who was 24 years old. The dispute centred on whether the applicant met the criteria for being a "dependent child" of an eligible sponsor, as required by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant was a "dependent child" under the Regulations at the time of application and decision. Specifically, the Tribunal had to assess whether the applicant, being over 18, was reliant on her mother in Australia for financial support to meet her basic needs, and whether this reliance was greater than any other source of support.

The Tribunal found that the applicant had completed her undergraduate studies and, due to unforeseen delays in obtaining necessary documents from her university, faced a delay in commencing her planned postgraduate studies. During this period, she took on a full-time role as a graduate trainee marketing assistant, earning a modest income. However, the Tribunal noted that the financial remittances from her mother in Australia, which covered her essential living expenses, significantly exceeded her earnings during this employment. Applying the principles from *Huynh v MIMA* [2006] FCAFC 122, the Tribunal concluded that the applicant was, as a matter of fact, reliant on her mother for financial support to meet her basic needs, and this reliance was greater than any other source of support.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under clauses 802.212 and 802.214 of Schedule 2 to the Regulations.