1603830 (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 600 (Visitor) visa application. The core dispute revolved around whether the visa applicant had an eligible sponsor as required by clause 600.232 of Schedule 2 to the Migration Regulations 1994. The Tribunal was tasked with determining if the sponsor met the criteria of being a settled Australian citizen or permanent resident, at least 18 years old, and a relative of the applicant, or a relative of another applicant who was part of the applicant's family unit.

The Tribunal was required to interpret the definitions of "relative" and "close relative" as provided in Regulation 1.03. Specifically, the Tribunal had to consider whether a step-sister relationship, and by extension, a biological cousin relationship stemming from that step-sister, satisfied the sponsorship requirements under the alternative limbs of clause 600.232(2)(b) and (c). The delegate had previously found that a cousin was not an eligible relative, but the Tribunal examined whether the step-sister relationship, in conjunction with the combined visa application, met the broader criteria.

The Tribunal found that the sponsor, who was an Australian citizen and had resided in Australia for many years, was a "settled" Australian citizen. Crucially, the Tribunal was satisfied on the evidence that the sponsor was the step-sister of Ms. Umali, who was also an applicant on the same combined visa application. As the definition of "close relative" includes a step-sister, and the visa applicant and Ms. Umali were biological cousins, the Tribunal concluded that the visa applicant was sponsored by a relative (step-sister) of another applicant (Ms. Umali) who was a member of the applicant's family unit, thereby satisfying clause 600.232(2)(b) and (c).

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with the direction that the visa applicant met the sponsorship criteria under clause 600.232. The Minister was to proceed to consider the remaining criteria for the Subclass 600 visa.