Alshayk (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, specifically a Subclass 802 visa. The applicant sought review of a decision relating to this visa application.

The primary legal issue before the Tribunal was whether the applicant met the relevant criteria for the Subclass 802 visa, particularly in light of the applicant having attained the age of 18. This raised questions about the applicability of certain public interest criteria that may no longer apply once a child applicant reaches adulthood.

The Tribunal found that the applicant met criterion cl.802.225 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with the direction that the applicant meets this specified criterion. The Minister is to consider the remaining criteria for the visa.