Moreno (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child). The applicant was the biological child of the sponsor. The Administrative Appeals Tribunal (the Tribunal) was the court of review.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 101 visa, specifically concerning their status as a child of the sponsor. The Tribunal was required to determine if the decision made by the department had been made without hearing necessary evidence, particularly in light of a birth certificate being provided to the Tribunal but not the department.

The Tribunal found that the decision had been made without hearing necessary evidence. It applied the definition of "dependent child" under regulation 1.03 and the criteria for dependency under regulation 1.05A of the Migration Regulations 1994. The Tribunal determined that the applicant met certain criteria for the visa.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the visa applicant meets specific criteria for the Subclass 101 visa, including clause 101.211 of Schedule 2 to the Regulations.