Tieu (Migration)

This matter concerned an appeal to the Tribunal regarding a Partner (Provisional) (Class UF) visa, Subclass 309. The primary dispute revolved around whether the visa applicant, the biological child of the primary visa applicant, qualified as a "dependent child" under the relevant migration regulations, particularly after turning 18 years of age. The Tribunal was required to determine if the applicant met the secondary criteria for the visa, specifically concerning their status as a member of the family unit and their financial reliance on the primary applicant.

The Tribunal considered the evidence presented, including visa application forms and grant notices. It was accepted that the primary visa applicant had satisfied the criteria for a Subclass 309 visa. The Tribunal also accepted that the visa applicant was the biological child of the primary applicant and the stepson of the sponsor. Crucially, the visa application indicated the applicant was born on 10 October 1990, meaning they were 24 years and 11 months old at the time of application. The Tribunal found that the applicant was not engaged to be married or in a partner or spousal relationship at that time.

The central issue was whether the applicant, having turned 18, met the definition of a "dependent child" as defined in the regulations, specifically in relation to being wholly or substantially reliant on the primary applicant for financial support for basic needs. While the Tribunal accepted the applicant was the biological child of the primary applicant, it determined that the applicant did not meet the requirements of "dependent child" based on the information before it at the time of the initial refusal. The Tribunal noted the issues raised in the Refusal Decision Record concerning the applicant's dependency.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the visa applicant met the criteria under cl.309.311 and cl.309.321 of Schedule 2 to the Regulations, and the application was remitted to the Minister for reconsideration of the remaining criteria for a Subclass 309 visa.