Tjahja (Migration)

The Administrative Appeals Tribunal considered the case of Master Tjahja, a secondary applicant for a Skilled Independent (Permanent) visa (Subclass 189). The central dispute concerned whether Master Tjahja qualified as a "member of the family unit" of the primary applicant, Mr. Tjahja, as required by clause 189.311 of Schedule 2 to the Migration Regulations.

The Tribunal was required to determine if Master Tjahja was "wholly or substantially reliant" on his parents for financial support, meeting basic needs for food, clothing, and shelter, and if this reliance was greater than his reliance on any other person or source of support. This assessment was to be made at the relevant time and for a substantial period immediately preceding it.

The Tribunal reasoned that while Master Tjahja had engaged in casual employment since late 2019 and had pursued tertiary studies, his circumstances had been impacted by his father's serious illness and COVID-19 restrictions in mid-2020, which led him to abandon his university course. He subsequently worked casually and commenced a barber apprenticeship in early 2022, with his apprentice wages primarily covering his car expenses. The Tribunal found that, despite his employment and financial contributions towards his car, Master Tjahja remained dependent on his parents.

Consequently, the Tribunal remitted the application for reconsideration, directing that Master Tjahja met the criteria under cl.189.311, finding him to be the dependent child of Mr. Tjahja.