Tran (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by the applicant, Tran. The dispute concerned whether the applicant met the criteria for this visa, specifically relating to dependency and age. The AAT, through Senior Member Kira Raif, affirmed the delegate's decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 101 visa, particularly the requirement of being a dependent child under the age of 25. The Tribunal's power to review was limited to the decision that was before it, and no claims were advanced in relation to other visa subclasses within Class AH, namely Subclass 102 and Subclass 117.

The Tribunal's reasoning focused on the unmet criteria for the Subclass 101 visa. As the applicant did not satisfy these requirements, and no alternative visa subclasses were pursued, the Tribunal affirmed the delegate's original decision. The Tribunal concluded that the criteria for the grant of the visa were not met.