Solaqa (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa by Ms Hala Jubrail Hormiz Kaka, who sought to be recognised as a dependent child of her Australian citizen father, Mr Jabraeel H. Solaqa. The dispute centred on whether Ms Kaka met the definition of a "dependent child" under the Migration Regulations 1994, particularly given her age and disability. The decision was made by a Member of the Tribunal.

The Tribunal was required to determine if Ms Kaka was a "dependent child" of her sponsor, Mr Solaqa, at the time of the application and decision, as defined by the Migration Regulations. This involved assessing whether she was under 25 years of age or incapacitated for work, and whether she was financially reliant on her father for her basic needs, or incapacitated for work due to loss of bodily or mental functions. The Tribunal also needed to consider the specific criteria outlined in clauses 101.211 and 101.221 of Schedule 2 to the Regulations.

The Tribunal reasoned that the definition of "dependent child" in regulation 1.03 requires the child to be either under 18, or 18 or older and dependent on the parent, or incapacitated for work. Regulation 1.05A further clarifies dependency, requiring substantial reliance for financial support for basic needs, or reliance due to incapacity for work. The Tribunal accepted evidence that Ms Kaka, a 48-year-old Iraqi national, is totally blind and has received financial assistance from her father for a considerable period to meet her day-to-day needs. It was noted that her reliance on her father was increasing due to the diminished support available in Iraq.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister. The Tribunal directed that Ms Kaka met the criteria under cl.101.221 and cl.101.213 of Schedule 2 to the Regulations, indicating that further assessment of other visa requirements was necessary.