Lazo (Migration)

The Administrative Appeals Tribunal considered the case of Mark and Laurence Lazo, who sought a Child (Residence) (Class BT) visa, Subclass 802. The central dispute revolved around whether the applicants qualified as step-children of Mr. Clarke, an Australian citizen, for the purposes of the visa application. The Tribunal was tasked with determining if the applicants met the criteria for this visa subclass, specifically in relation to their relationship with Mr. Clarke.

The primary legal issue before the Tribunal was to ascertain whether Mark and Laurence Lazo were considered step-children within the meaning of paragraph (b) of the definition of step-child in regulation 1.03, as applied to clause 802.212(1A) of the Migration Regulations 1994. This required an examination of the definition of a step-child and whether the circumstances of the applicants' mother's marriage to Mr. Clarke satisfied the relevant regulatory requirements for sponsorship.

The Tribunal reasoned that while the applicants' mother, Ms. Mogol, was married to Mr. Clarke, and he was therefore her spouse, this did not automatically render the applicants step-children for the purpose of the visa. The Tribunal noted that clause 802.212(1)(a) requires the applicant to be a dependent child of a person who is an Australian citizen, holder of a permanent visa, or eligible New Zealand citizen. At the time of the application, Ms. Mogol, the applicants' mother, held a Bridging Visa A in relation to her own partner visa application, which had not yet been finalised. Consequently, she was not an Australian citizen, permanent resident, or eligible New Zealand citizen, and therefore could not be the sponsoring person referred to in clause 802.212(1)(a). The Tribunal concluded that the applicants did not meet the criteria for the visa under review.

The Tribunal affirmed the decisions not to grant the applicants a Child (Residence) (Class BT) visa. However, the Tribunal noted that the applicants could still make a request directly to the Minister for consideration.