Mirupasi (Migration)

The Administrative Appeals Tribunal considered the case of Miriam Mirupasi, a national of Papua New Guinea, and her siblings, who were applicants for a Child (Residence) (Class BT) visa, subclass 802. Their mother, Mrs Theresa Maia Mirupasi, an Australian citizen, was the sponsor. The dispute centred on whether Miriam had become a dependent child of an Australian citizen since her last substantive visa application, a requirement for her to be eligible for the Child visa under section 48 of the Migration Act 1958.

The primary legal issues before the Tribunal were whether section 48 of the Migration Act 1958 applied to the applicant, and if so, whether she met the criteria under clause 802.211 of Schedule 2 to the Regulations. Specifically, the Tribunal had to determine if Miriam had become a dependent child of an Australian citizen since her last substantive visa application and if she continued to be a dependent child at the time of the decision. The definition of "dependent child" under regulation 1.03, which requires substantial reliance on a parent for financial support for basic needs, was central to this determination.

The Tribunal reasoned that section 48 of the Migration Act 1958 did apply to Miriam, as she did not hold a substantive visa and had had a visa refused since her last entry into Australia. The core of the Tribunal's consideration focused on the applicant's dependency. While Miriam had always been financially supported by her mother, the Tribunal noted that the critical question was whether she had *become* a dependent child of an Australian citizen in the period between her last substantive visa application and the current application. The Tribunal found that the applicant's mother had provided her with full financial support to meet her basic needs for a substantial period, and that Miriam was a dependent child of the sponsor.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration, indicating that the applicant had met the criteria for being a dependent child of an Australian citizen.