MAK (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802. The applicant sought review of a decision concerning their eligibility for this visa, which was impacted by the cancellation of the sponsor's visa. The Tribunal's decision was made by Member Kate Millar.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 802 visa, particularly in light of the sponsor's visa cancellation and subsequent setting aside of that cancellation by the Tribunal. The Tribunal was required to determine the appropriate course of action for the visa application following these developments.

The Tribunal reasoned that the sponsor's visa cancellation had been set aside, and therefore, the matter should be remitted to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met the criteria under cl.802.226 of Schedule 2 to the Regulations. The Tribunal remitted the application for a Child (Residence) (Class BT) visa for reconsideration with this direction.