CADIZ (Migration)

The Administrative Appeals Tribunal considered an application for an Extended Eligibility (Temporary) (Class TK) visa, specifically a Subclass 445 (Dependant Child) visa. The applicant sought reconsideration of a decision concerning the grant of this visa. The central dispute revolved around whether the Department had received evidence of consent from all persons who could lawfully determine where the applicant was to live, specifically the applicant's father.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of Public Interest Criterion (PIC) 4017, as stipulated in clause 445.226 of Schedule 2 to the Migration Regulations. This criterion necessitates the consent of each person who can lawfully determine where the applicant is to live for the visa to be granted. The Tribunal was required to determine if the absence of the father's consent at the initial decision-making stage, and its subsequent submission to the Tribunal, impacted the assessment of this criterion.

The Tribunal found that while the father's consent was not initially provided to the Department, it was subsequently submitted to the Tribunal. In light of this, the Tribunal determined that the applicant met the criteria for the visa, specifically PIC 4017. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the visa applicant meets the specified criteria.