Rushidovska (Migration)

The Administrative Appeals Tribunal considered the application of Miss Rushidovska for a Child (Residence) (Class BT) visa, Subclass 802. The central dispute concerned whether Miss Rushidovska met the criteria for being a dependent child, particularly after turning 18, and whether she had undertaken continuous full-time study.

The Tribunal was required to determine if Miss Rushidovska qualified as a "dependent child" under the Migration Regulations 1994, specifically whether she was reliant on her sponsor for financial support to meet basic needs, and if she had undertaken continuous full-time study since turning 18 or within a reasonable time after completing the equivalent of Year 12. The Tribunal also needed to consider the impact of family illness and the COVID-19 pandemic on her ability to complete her studies within a reasonable timeframe.

The Tribunal found that Miss Rushidovska, having turned 18, was indeed reliant on her father and stepmother for financial support to meet her basic needs, satisfying the definition of a dependent child under regulation 1.03(b)(i) and regulation 1.05A. The Tribunal noted that the applicant had provided evidence of this reliance and that her father had made a statutory declaration confirming his ongoing financial support.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that Miss Rushidovska met the criteria under cl 802.214 and cl 802.221(2) of Schedule 2 to the Regulations.