2308138 (Migration)

This matter concerned an application for merits review of a decision by a delegate of the Minister to refuse a Visitor (Class FA) Subclass 600 visa. The visa applicant, a citizen of Zimbabwe, applied for the visa under the sponsored family stream, with her uncle, an Australian citizen, acting as her sponsor. The delegate refused the visa on the basis that the applicant failed to satisfy clause 600.232 of the Migration Regulations 1994 (Cth), which pertains to sponsorship by a settled Australian citizen or permanent resident who is a relative of the applicant.

The primary legal issue before the Tribunal was whether the visa applicant had established that the review applicant, her purported uncle, was a "relative" as defined by the Migration Regulations. Specifically, the Tribunal had to determine if the evidence provided sufficiently demonstrated the familial relationship required to satisfy clause 600.232(2) of the Regulations, which requires the sponsor to be a relative of the applicant.

The Tribunal considered the evidence presented, including birth certificates, a marriage certificate, a statutory declaration, a letter from the sponsor, and an affidavit. While the delegate was unable to establish the relationship from the initial documents, the Tribunal found that the additional evidence, particularly the birth certificates showing common parents for the visa applicant's mother and the sponsor, and the corroborating statutory declaration, affidavit, and letter, satisfied the Tribunal that the sponsor was indeed the visa applicant's uncle. Consequently, the Tribunal was satisfied that the visa applicant met the requirements of clause 600.232(2).

Accordingly, the Tribunal set aside the delegate's decision to refuse the visa and remitted the application back to the delegate for reconsideration, with a direction that the visa applicant satisfies clause 600.232 of Schedule 2 to the Migration Regulations 1994.