Arek (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, specifically a Subclass 802 visa. The applicant sought to have the decision reviewed by the Tribunal. The central issue revolved around the requirement for the consent of each person who could determine where the child lives, particularly in circumstances where the father had abandoned the family and his whereabouts were unknown at the time of the Department's decision.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the consent requirement under subclause 802.225 of Schedule 2 to the Regulations, and the implications of the father's absence and presumed death, evidenced by a verified death certificate. The Tribunal also needed to consider the overall assessment of the applicant's eligibility for the visa in light of the available evidence.

The Tribunal found that the applicant met the criteria under PIC 4017 for the purpose of cl. 802.225 of Schedule 2 to the Regulations. Given this finding, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet the specified criteria for the Subclass 802 visa.