Tran (Migration)

The Administrative Appeals Tribunal considered the case of a child visa applicant seeking a Subclass 101 (Child) visa. The applicant's eligibility for the visa was in dispute, specifically concerning whether the applicant met the criteria for being a "dependent child" at the time of the application and decision. The Tribunal was asked to determine if the applicant was wholly or substantially reliant on the sponsor for financial support to meet basic needs.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 101.211(1)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to the definition of a "dependent child." This required the Tribunal to assess if the applicant, who was over 18 years of age at the time of application, was wholly or substantially reliant on the sponsor for financial support to meet their basic needs for food, clothing, and shelter for a substantial period immediately preceding the application.

The Tribunal's reasoning focused on the definition of "dependent child" as outlined in regulation 1.03 and the criteria for dependency in regulation 1.05A. Evidence indicated the applicant was 21 years old at the time of application and that their primary financial support came from another individual, not the sponsor, for a period extending up to August 2017. Crucially, no evidence of financial support from the sponsor to the applicant was submitted at the time of the visa application. The Tribunal noted that for dependency to be established, the reliance on the sponsor must be greater than reliance on any other person or source of support.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Migrant) (Class AH) visa, finding that the criteria for the Subclass 101 visa were not met.