SAMARAWICKRAMA VIDHANA ARACHCHILAGE (Migration)

The applicant, Samarawickrama Vidhana Arachchilage, sought review of a decision concerning an application for a Child (Migrant) (Class AH) visa, Subclass 101. The dispute centred on whether the applicant, who was under 18 at the time of application, met the study and dependent child criteria for the visa, as the dependent child of an Australian citizen sponsor. The matter came before Kira Raif, Senior Member, of the relevant tribunal.

The tribunal was required to determine whether the applicant met the criteria for a Subclass 101 (Child) visa, specifically concerning the study requirements and the applicant's status as a dependent child of the sponsor.

The tribunal found that the applicant met certain specified criteria, namely cl.101.211(1)(a) and cl.101.213 of Schedule 2 to the Regulations. Consequently, the tribunal remitted the application to the Minister for reconsideration, with a direction that the visa applicant meets these identified criteria. The Minister was to consider the remaining criteria for the visa.