Aijazi (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600, Sponsored Family stream. The applicant sought review of a decision concerning their eligibility for the visa. The core of the dispute revolved around whether the applicant met the sponsorship requirements stipulated in clause 600.232 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant was sponsored by a settled Australian permanent resident who was at least 18 years old and a relative of the applicant, as defined by the Regulations. Specifically, the Tribunal needed to assess whether the evidence established the familial relationship between the applicant and the sponsor, and whether the sponsor met the criteria of being a "settled Australian permanent resident."

The Tribunal's reasoning focused on the definition of "relative" in regulation 1.03, which includes "close relative" and further defines this to encompass "brother or sister." The Tribunal found that the evidence presented, including the sponsor's Australian citizenship application, a Family Registration Certificate from Pakistan, and the parties' respective birth certificates and passports, conclusively demonstrated that the applicant and sponsor were siblings. Coupled with the sponsor's status as a settled Australian permanent resident, the Tribunal was satisfied that the applicant met the requirements of clause 600.232.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant meets the criteria under clause 600.232 of Schedule 2 to the Regulations.