Vosloo (Migration)

The Administrative Appeals Tribunal considered the case of a visa applicant seeking a Child (Migrant) (Class AH) visa, Subclass 101 (Child). The central dispute revolved around whether the applicant qualified as a "dependent child" under the Migration Regulations 1994 at the time of application and at the time of the decision.

The Tribunal was required to determine if the visa applicant met the criteria for a dependent child as defined by clause 101.211 of Schedule 2 to the Regulations, specifically concerning age, the child-parent relationship, and whether the applicant was engaged in full-time work or study. The Tribunal also had to consider the additional requirements for applicants who had turned 18 at the time of application, as stipulated in clauses 101.213 and 101.221 of Schedule 2.

The Tribunal reasoned that the applicant, born on 5 December 1994, met the age requirement at the time of application, and that the criterion was no longer met at the time of the decision only because the applicant had turned 25. The Tribunal was satisfied that the applicant met the requirements of clause 101.211(1)(b) and clause 101.221(2)(a)(ii). However, the Tribunal noted that other criteria, including those relating to the child-parent relationship and potentially full-time study or dependency, required further consideration.

Consequently, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa, Subclass 101, for reconsideration. The Tribunal directed that the visa applicant met the criteria outlined in clauses 101.211, 101.213, and 101.221 of Schedule 2 to the Regulations.