Curcuruto (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101, in the matter of *Curcuruto*. The applicant sought review of a decision concerning the character test requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 2.03AA(2) of the *Migration Regulations 1994* (Cth) in relation to the character test. Specifically, the Tribunal had to determine if the applicant satisfied both sub-paragraphs (a) and (b) of that regulation.

The Tribunal found that the applicant satisfied regulation 2.03AA(2)(a). Furthermore, as the applicant had not been requested to submit a Form 80, regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that regulation 2.03AA(2) was satisfied in its entirety. The Tribunal remitted the application for reconsideration with a direction that the visa applicant meets the criterion in regulation 2.03AA(2).