Nguyen (Migration)

The applicant sought review of a decision not to grant an Extended Eligibility (Temporary) (Class TK) visa, specifically a Subclass 445 (Dependant Child) visa. The applicant contended that they were no longer a child of the visa-holding parent and that the parent was no longer a visa-holding parent. The Administrative Appeals Tribunal, constituted by Senior Member Kira Raif, considered the applicant's request for the case to be referred to the Minister for consideration under section 351 of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 445 visa, particularly concerning their status as a dependent child and the status of the parent as a visa-holding parent. The Tribunal also considered its own discretion to refer the matter to the Minister under section 351, which allows the Minister to substitute a more favourable decision if it is in the public interest.

The Tribunal affirmed the decision not to grant the visa. It noted that the applicant could still make a direct request to the Minister under section 351, despite the Tribunal's decision not to refer the matter. The Tribunal had considered the applicant's case and the relevant ministerial guidelines but concluded that a referral was not warranted.