Raubenheimer (Migration)

The Administrative Appeals Tribunal considered an application for an Extended Eligibility (Temporary) (Class TK) visa, specifically a Subclass 445 (Dependent Child) visa. The applicant sought this visa as a dependent child of a parent who held an eligible visa. However, the applicant's mother, who was the holder of the eligible visa, was no longer considered to be such a holder at the time of the decision.

The central legal issue before the Tribunal was whether the visa applicant satisfied the criteria for the grant of a Subclass 445 visa, particularly in light of the change in the visa status of their parent. This required the Tribunal to determine if the applicant continued to meet the definition of a dependent child in circumstances where the parent's eligibility had ceased.

The Tribunal affirmed the delegate's decision not to grant the visa. The reasoning was based on the finding that the visa applicant did not satisfy the criteria for the grant of a Subclass 445 visa. This conclusion was reached because the applicant's mother was no longer the holder of an eligible visa, which was a prerequisite for the applicant to qualify as a dependent child under the relevant visa subclass.