Mendis (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision regarding a Subclass 600 (Visitor) visa, Sponsored Family stream. The visa applicant sought to be sponsored by a settled Australian resident relative. The primary dispute revolved around whether the sponsor, Mrs Mendis, qualified as a "relative" of the visa applicant, Damidu Prabudda Hashan Jayamaha Mudalige Don, as defined by the Migration Regulations 1994.

The Tribunal was required to determine if the sponsor was a "relative" of the visa applicant for the purposes of clause 600.232 of Schedule 2 to the Regulations. This required consideration of the definition of "relative" in Regulation 1.03, which includes an aunt. The delegate had initially refused the visa due to insufficient documentation to establish the familial relationship.

The Tribunal considered new documentation, including birth certificates for the sponsor, the visa applicant, and the visa applicant's father. These documents, along with a Certificate of Relationship and an affidavit from the visa applicant, established that the visa applicant's father was the brother of the sponsor. Consequently, the Tribunal was satisfied that the sponsor was the visa applicant's aunt and therefore a "relative" as defined by Regulation 1.03(ii).

In light of the new evidence demonstrating that clause 600.232 of Schedule 2 was met, the Tribunal remitted the application for reconsideration.