Charoenchai (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 102 (Adoption), made by a visa applicant sponsored by an individual. The central dispute revolved around whether the sponsor met the eligibility criteria for sponsoring an adopted child, specifically concerning their status as an adoptive parent.

The Tribunal was required to determine if the visa applicant satisfied the requirements of clause 102.211 of the Migration Regulations 1994. This involved assessing whether the sponsor was a parent of the visa applicant in accordance with the relevant provisions, particularly in circumstances where the sponsor's partner was listed on the adoption certificate, and the adoption was registered after the visa application was lodged. The Tribunal also considered whether the applicant met the requirements for other visas within Class AH.

The Tribunal reasoned that the sponsor did not meet the criteria for sponsorship under cl.102.211 because they were not named as an adoptive parent on the adoption certificate, nor was there evidence of a customary adoption by the sponsor. The fact that the adoption was registered after the application was made, and only the sponsor's partner appeared on the adoption certificate, meant the sponsor did not satisfy the definition of a parent for the purposes of this visa subclass. Consequently, the Tribunal affirmed the decision not to grant the visa.