Rodricks (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802. The applicant sought to establish that she was a dependent child and that her sponsorship was approved and in force. The Tribunal was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issues before the Tribunal were whether the applicant satisfied the definition of a "dependent child" under regulation 1.03 of the Migration Regulations 1994, and whether she met the sponsorship requirements outlined in clauses 802.215 and 802.226 of Schedule 2 to the Regulations. Specifically, the Tribunal had to assess if the applicant was under 25 years of age, not engaged or partnered, and if she was financially reliant on her parents for basic needs, or incapacitated for work. It also needed to consider if her sponsorship was approved and remained in force at the time of the decision.

The Tribunal found that the applicant, born on 30 June 2017, met the criteria for a dependent child as she had not turned 18 at the time of application or decision, and therefore could not be engaged or partnered. Her biological parents held valid Return (Residence) (Class BB) visas, satisfying the requirement that she be a dependent child of an eligible person. The Tribunal also determined that the applicant met the sponsorship requirements under clauses 802.215 and 802.226, as her sponsorship was approved and in force.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 802.212, 802.215, 802.221, and 802.226 of Schedule 2 to the Regulations.