Mehta (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Child (Residence) (Class BT) visa, Subclass 802. The applicant sought review of a decision concerning the visa application, with the sponsor's wife's police clearance being a key element of the assessment.

The primary legal issue before the Tribunal was whether the criterion relating to the sponsor's wife's police clearance had been met. This involved assessing the adequacy and relevance of the documentation provided by the sponsor.

The Tribunal was satisfied that the criterion was met upon receipt of the Pakistani Police Certificate for the sponsor's wife on 10 August 2018. In light of this new evidence, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration, directing that the applicant meets the criteria for a Subclass 802 visa, specifically referencing r.1.20KB(11).