O'Brien (Migration)

The Administrative Appeals Tribunal (AAT) was asked to review a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning the eligibility of a child for a Subclass 445 (Dependent child) visa. The applicant, Mr O'Brien, sought to have his son included as a dependent child on his visa. The core of the dispute centred on whether the son met the definition of a "dependent child" as defined by the *Migration Regulations 1994* (Cth), specifically whether he was "substantially reliant on the applicant for his day-to-day living needs".

The Tribunal was required to determine whether the applicant's son was substantially reliant on the applicant for his day-to-day living needs, considering the nature and extent of the financial support provided by the applicant. This involved interpreting the phrase "substantially reliant" within the context of the visa subclass criteria and assessing whether the evidence presented demonstrated a sufficient level of dependence.

The Tribunal found that the applicant had provided substantial financial support to his son, including covering his accommodation, food, and educational expenses. It reasoned that "substantial reliance" did not require absolute dependence but rather a significant level of financial assistance that met the child's day-to-day needs. Applying this principle, the Tribunal concluded that the son met the definition of a dependent child. Consequently, the AAT remitted the decision to the Minister for reconsideration.