1718042 (Migration)

This matter concerned applications by two children, Ms A and Master B, for permanent child visas (Subclass 101). The sponsor for both applications was their mother, Mrs C. The Tribunal was required to determine whether the applicants satisfied the criteria for the grant of these visas, specifically Public Interest Criterion (PIC) 4020 as set out in Schedule 2 of the Migration Regulations 1994.

The central legal issue was whether the applicants satisfied PIC 4020(2A), which requires the Minister to be satisfied as to the applicant's identity. This criterion is mandatory for the grant of a Subclass 101 visa, with no waiver provision available if it is not met. The Tribunal considered the evidence provided by Mrs C in support of her own protection visa application, which included claims about her identity, her husband's disappearance in Afghanistan, and her reasons for fleeing Pakistan.

The Tribunal reasoned that the inconsistencies and lack of verifiable information regarding Mrs C's identity and circumstances, as presented in her protection visa application, cast doubt on the reliability of the information provided in relation to the children's applications. Specifically, the Tribunal noted that Mrs C had provided conflicting information about her date and place of birth. Given that PIC 4020(2A) is a non-waivable criterion and requires the Minister to be satisfied as to the applicant's identity, the Tribunal concluded that the applicants had failed to satisfy this essential requirement.

Consequently, the Tribunal affirmed the decision not to grant the applicants Child (Migrant) (Class AH) visas.