Tran (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101, sponsored by the applicant's aunt. The dispute centred on whether the applicant met the criteria for being a "dependent child" of the sponsor, particularly in circumstances where the sponsor had also adopted another child, which the Tribunal considered might have been for migration purposes. The decision was made by a Member of the Tribunal.

The Tribunal was required to determine whether the applicant was a "dependent child" of the sponsor at the time of the application and decision, as defined by the Migration Regulations 1994. This involved assessing whether the applicant was under 25 years of age, not engaged or partnered, and, if 18 or older, whether they were reliant on the sponsor for financial support for basic needs or incapacitated for work. The Tribunal also considered the sponsor's role in relation to the applicant and another adopted child, and the circumstances surrounding those adoptions.

The Tribunal reasoned that while the applicant was the biological child of the sponsor's brother and the sponsor stated the applicant's parents were unable to care for him, the sponsorship and adoption arrangements raised concerns. The Tribunal noted that the sponsor had adopted another child, which appeared to be for migration purposes, and that this child seemed closer to his biological parents. In relation to the applicant, the Tribunal found that the sponsor had not demonstrated that she was assuming a parental role in a way that established the necessary dependency for the visa criteria. The Tribunal concluded that the criteria for the grant of the visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Migrant) (Class AH) visa.