Cameron-Le'Neveu (Migration)

The matter concerned an application for a Confirmatory (Residence) (Class AK) visa, subclass 808, by a New Zealand citizen. The applicant had been under the care of the Minister of Family and Community Services. The applicant and a representative from the Department of Family and Community Services (FACS) advised the Tribunal that FACS had failed to apply for permanent residency on the applicant's behalf before she turned 18 due to an administrative oversight. The applicant sought the Minister's intervention, acknowledging she did not meet the visa requirements.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 808.211 of the Migration Regulations. This clause mandates that an applicant must be the holder of a Resident Return (Temporary) (Class TP) visa, an Emergency (Temporary) (Class TI) visa, a Border (Temporary) (Class TA) visa, or a Class 301 (Australian requirement) entry permit or visa granted under the Migration (1993) Regulations.

The Tribunal reasoned that there was no evidence before it to demonstrate that the applicant held any of the specified visas listed in clause 808.211. Consequently, the Tribunal concluded that the applicant had failed to meet this essential requirement for the visa. The Tribunal affirmed the decision not to grant the applicant the Confirmatory (Residence) (Class AK) visa.