Zacharaki (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who was over 18 years of age. The applicant sought to establish that they were a dependent child of an Australian relative, a requirement for the visa, and that they were undertaking full-time study. The core of the dispute revolved around whether the applicant met the dependency and study requirements, particularly in light of significant gaps in their educational pursuits and their employment history.

The Tribunal was required to determine whether the applicant satisfied the criteria for the grant of a Subclass 802 visa. Specifically, this involved assessing whether the applicant could be considered a dependent child of an Australian relative, notwithstanding their age and periods of employment. The Tribunal also had to consider the impact of lengthy gaps in the applicant's studies and the reasons provided for these, such as economic recession in Greece and the need to support their family, in the context of the visa application's delay and the applicant's reliance on support.

The Tribunal found that the criteria for the grant of the visa were not met. While the applicant had maintained employment to support their family and cited economic recession in Greece and delays in processing as reasons for their circumstances, these factors did not overcome the failure to satisfy the essential visa requirements. The Tribunal affirmed the decision not to grant the applicant the Subclass 802 visa. No claims were advanced in respect of any other visa subclass within Class BT.