Lee (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically Subclass 102 (Adoption), brought by a Chinese national settled abroad. The applicant had undergone a formal adoption arrangement and was seeking to return to Australia. The Administrative Appeals Tribunal, constituted by Senior Member Kira Raif, was tasked with reviewing a decision related to this visa application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 102 (Adoption) visa, particularly in light of their residency status overseas for more than 12 months and the de-registration of their *hukou* and loss of citizenship. The Tribunal was required to determine the applicant's eligibility for the visa based on the relevant provisions of the *Migration Regulations 1994*.

The Tribunal found that the applicant met specific criteria under the *Migration Regulations 1994*, namely clauses 102.211 and 102.213 of Schedule 2. Consequently, the Tribunal remitted the application to the Minister for reconsideration, directing that these identified criteria were satisfied. The Minister was therefore to consider the remaining criteria for the visa.