Kidd (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, made by a child applicant sponsored by her father. The Tribunal was required to consider whether the sponsorship met the requirements of the Migration Regulations 1994, particularly in light of the applicant's age and the sponsor's overseas residency.

The primary legal issue before the Tribunal was whether the sponsorship for the visa application could be approved, given the sponsor's residency history in the United Arab Emirates and Singapore. This involved determining the application of Regulation 1.20KB, which outlines circumstances in which the Minister may refuse to approve a sponsorship, including where a sponsor fails to provide a requested police check from a specified jurisdiction.

The Tribunal reasoned that as the applicant was under 18 at the time of application, Regulation 1.20KB was engaged. The sponsor had indicated on his application that he had lived in the United Arab Emirates and Singapore for periods totalling 12 months or more within the last 10 years. The Tribunal noted that the regulations permit the Minister to request police checks from such countries to assess whether a sponsor has been charged with or convicted of a registrable offence. The Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the criteria under Regulation 1.20KB.