Putra (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, subclass 802, by Mr. Putra. The applicant, born in 1996, sought to join his mother, Ms. Lestari, an Australian permanent resident. The central dispute revolved around whether the applicant continued to meet the eligibility criteria for the visa at the time of the decision.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 802.214 of the Migration Regulations 1994, specifically concerning his status as a dependent child. This involved determining if the applicant, having turned 18, remained a dependent child of his mother, considering his enrolment status and any formal study undertaken since reaching that age. The Tribunal also considered the general criteria for a dependent child as defined in regulation 1.03 and the meaning of "dependent" under regulation 1.05A.

The Tribunal found that the applicant had not been enrolled or undertaken any formal study since turning 18. While acknowledging the applicant's personal circumstances and the support provided by various organisations and individuals, the Tribunal concluded that the applicant had not met the criterion that he had not turned 18 or, having turned 18, was dependent on his mother. The Tribunal noted that the applicant had not been a continuous full-time student since turning 18 and had not been enrolled in any formal study.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Residence) (Class BT) visa, subclass 802, as the eligibility criteria were not met. No claims were advanced in respect of any other visa subclass within Class BT.