Ly (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 102 (Adoption), made by an applicant whose prospective adoptive parent resided overseas for a significant period, undertaking only brief trips to Australia. The central dispute concerned whether this prospective adoptive parent maintained their residence overseas, despite these visits.

The Tribunal was required to determine whether the prospective adoptive parent had lawfully acquired full and permanent parental rights, and whether they had maintained their residence overseas for the requisite 12-month period as stipulated by the relevant migration regulations.

The Tribunal found that the prospective adoptive parent had indeed maintained their residence overseas, concluding that brief trips to Australia did not disrupt their primary place of abode. Applying the principles of residence as understood in migration law, the Tribunal determined that the prospective adoptive parent had met the criteria for lawfully acquiring full and permanent parental rights. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the visa applicant met the criteria under cl. 102.212 of Schedule 2 to the Regulations.