2217601 (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Subclass 600 (Visitor) visa. The visa applicant, an Iranian citizen residing in Iran, sought to enter Australia under the Sponsored Family stream, with her Australian permanent resident relative as the sponsor. The delegate had previously refused the visa on two occasions, first for failing to satisfy clause 600.211 and subsequently for failing to satisfy clause 600.232 of the Migration Regulations 1994 (Cth). The review applicant sought a review of the second refusal.

The primary legal issue before the Tribunal was whether the visa applicant satisfied clause 600.232 of the Migration Regulations, which requires sponsorship by a settled Australian citizen or permanent resident who is a relative of the applicant. This clause necessitates proof of the familial relationship between the applicant and the sponsor. The Tribunal also considered the procedural fairness aspects, including a request for postponement of the hearing and the provision of requested documentation.

The Tribunal reasoned that while the visa applicant had not initially provided sufficient identification documents, such as birth certificates, to definitively establish the familial relationship, the subsequent provision of additional documentation, including DNA evidence and an offer to pay a security deposit, satisfied the requirements of clause 600.232(2). The Tribunal found that these documents, when considered together, demonstrated that the sponsor was a relative of the visa applicant. Consequently, the Tribunal was satisfied that the visa applicant met the sponsorship criteria.

The Tribunal remitted the application for the Visitor (Class FA) (Sponsored Family) Subclass 600 visa with a direction that the visa applicant satisfies clause 600.232 of Schedule 2 to the Migration Regulations 1994 (Cth) on the basis that she satisfies subclause 600.232(2). The delegate was directed to reconsider the application in light of this finding and assess the remaining visa criteria.