Phan (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically Subclass 101. The applicant, who had turned 18, was seeking to satisfy the study requirements and be recognised as a dependent child of the sponsor. The decision under review was made by the Minister.

The primary legal issues before the Tribunal were whether the visa applicant had satisfied the study requirements, specifically that the courses undertaken were on a full-time basis, and whether the applicant was a dependent child of the sponsor. The Tribunal was required to interpret the provisions of Schedule 2 to the Regulations concerning these criteria.

The Tribunal found that the provisions appeared to contemplate a single full-time course of study and was satisfied that the courses undertaken by the applicant were indeed on a full-time basis. Furthermore, the Tribunal was satisfied that the funds provided by the sponsor were considerably greater than what would be expected for a non-dependent child, supporting the conclusion that the visa applicant was a dependent child of the sponsor.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the visa applicant met the criteria under cl.101.211(1)(a), cl.101.213, and cl.101.221(2)(b) of Schedule 2 to the Regulations. The Minister was directed to consider the remaining criteria for the visa.