CHAN (MIGRATION)

The applicant, Chan, sought judicial review of a decision by the Migration Review Tribunal concerning an application for a Child (Residence) (Class BT) visa, Subclass 802. The primary dispute revolved around the father's consent to the child's migration, which was required under Public Interest Criterion 4017. However, the father's signature on the consent form was not confirmed, and there had been no contact with him for many years. Furthermore, the applicant had since turned 18, meaning Public Interest Criterion 4017 was no longer applicable.

The court was required to determine whether the Tribunal had erred in its assessment of the father's consent and whether the applicant met the remaining criteria for the Subclass 802 visa, particularly in light of the inapplicability of Public Interest Criterion 4017 due to the applicant's age.

The Senior Member, Kira Raif, found that the applicant met certain criteria for the Subclass 802 visa, specifically cl.802.225 of Schedule 2 to the Regulations. Given these findings, the Senior Member determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal therefore remitted the application for a Child (Residence) (Class BT) visa for reconsideration, with the direction that the applicant meets the specified criteria.