1818210 (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600 (Tourist stream), where the applicant was under 18 years of age. The primary dispute revolved around whether the applicant satisfied Public Interest Criterion (PIC) 4017, which is a mandatory requirement for applicants under 18 when seeking this visa. The delegate of the Department of Home Affairs had refused the visa, finding that the applicant did not meet PIC 4017.

The court was required to determine whether the applicant met the requirements of PIC 4017. This criterion mandates that the Minister be satisfied that either the law of the applicant's home country permits their removal, or that each person with lawful authority to determine the applicant's residence consents to the visa grant, or that the visa grant would be consistent with any Australian child order concerning the applicant. The delegate's refusal was based on the applicant providing a notarial certificate from a Chinese authority instead of a birth certificate, which the delegate deemed insufficient to establish the claimed parental relationship.

The Tribunal, in its written reasons, considered the notarial certificate provided by the applicant. This certificate, issued by a Chinese Notary Public Office and bearing the official seal of the People's Republic of China, recorded the applicant's personal details, date and place of birth, and the names and identity card numbers of her parents. Crucially, the Tribunal also noted the applicant's immigration and travel history, including previous successful visitor visa applications for herself and both parents in 2011 and 2017, and the fact that her mother had travelled to Australia on a visitor visa in 2018. Based on this evidence, the Tribunal was satisfied that the applicant met the requirements of PIC 4017.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration by the Department, with the direction that the applicant meets PIC 4017 for the purposes of clause 600.213 of Schedule 2 to the Regulations.