Milinevskyy (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Milinevskyy for a Child (Migrant)(Class AH) visa, Subclass 101. The dispute centred on whether the applicant, who was continuing in full-time study, was wholly or substantially reliant on his sponsor, and whether this reliance was greater than on any other person, as required by the relevant visa criteria.

The primary legal issue before the Tribunal was to interpret and apply the criterion that the applicant must be "wholly or substantially reliant on the sponsor" and that this reliance must be "greater than on any other person". The Tribunal had to determine the nature and extent of the applicant's financial and emotional dependence on the sponsor in the context of his continued full-time education.

In its reasoning, the Tribunal acknowledged that reliance can encompass both financial and emotional aspects. It considered the applicant's age and status as a full-time student, which typically implies a degree of dependence. The Tribunal assessed the evidence presented regarding the sponsor's financial contributions and support provided to the applicant, comparing this to any support received from other individuals. The Tribunal applied the principles of assessing dependency in migration matters, focusing on the substance of the relationship and the practical realities of the applicant's circumstances. The Tribunal found that the applicant was wholly or substantially reliant on the sponsor, and that this reliance was greater than on any other person, satisfying the visa criterion.