Nguyen (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), made by Mr Nguyen Anh Vu. The applicant's father, the review applicant, sought to have the visa application remitted for reconsideration by the Tribunal. The central dispute revolved around whether the visa applicant met the criteria for being a "dependent child" at the time of his application.

The Tribunal was required to determine whether the visa applicant satisfied the dependent child criteria as set out in cl 101.211 of Schedule 2 to the Migration Regulations 1994. Specifically, this involved assessing whether the applicant was under 25 years of age, whether he was in a relevant child-parent relationship, and crucially, whether he met the definition of a "dependent child" as defined in reg 1.03 of the Regulations, which includes requirements regarding partnership status and, for those aged 18 or over, reliance on a parent for financial support for basic needs or incapacitation for work.

The Tribunal found that the visa applicant, born on 26 November 1996, was 21 years old at the time of application. There was no evidence of him being engaged or partnered. The Tribunal concluded that he met the definition of a child under reg 1.03(a) and, being under 25, also met cl 101.211(1)(b). Furthermore, the Tribunal found that the child-parent relationship criterion was met, as the review applicant had become an Australian citizen in 2016, and the visa applicant was his biological son living in Vietnam.

Consequently, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa, Subclass 101, for reconsideration. The Tribunal directed that the visa applicant met the criteria under cl 101.211 and cl 101.221 of Schedule 2 to the Regulations.