Skoumpouris (Migration)

This matter concerned an appeal by an applicant for an Extended Eligibility (Temporary) (Class TK) visa, specifically a Subclass 445 (Dependent Child) visa, against a decision not to grant the visa. The applicant's eligibility for the visa depended on demonstrating that he was a dependent child of a visa-holding parent.

The core legal issues before the Tribunal were whether the applicant met the definition of a "dependent child" as defined in regulation 1.05A of the Migration Regulations 1994, both at the time of application and at the time of the decision. Specifically, the Tribunal had to determine if the applicant was wholly or substantially reliant on his mother for financial support to meet his basic needs for food, clothing, and shelter for a substantial period, and if this reliance was greater than any other source of support.

The Tribunal affirmed the delegate's decision, finding that the applicant had not provided sufficient evidence to satisfy the dependency requirement. While the applicant had provided evidence of financial support from his mother before July 2015 and after January 2016, there was a critical gap in evidence for the period between July and December 2015. This period coincided with the applicant undertaking paid employment, and the requested bank statements, which would have clarified his financial situation, were not submitted. Consequently, the Tribunal concluded that the applicant had not demonstrated the necessary sustained reliance on his mother for his basic needs during the entire qualifying period, and therefore did not meet the definition of a dependent child.