Montipolca (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 101 (Child) visa. The applicant sought review of a decision concerning the sponsorship requirements for this visa.

The primary legal issue before the Tribunal was whether the sponsorship for the applicant's visa remained in force at the time of the decision. This involved determining the validity of the sponsor's own visa, which had been subject to cancellation.

The Tribunal found that the decision to cancel the sponsor's visa was made without a necessary hearing. Consequently, this decision was set aside. The Tribunal then remitted the application for reconsideration, directing that the applicant met the criteria for a Subclass 101 visa, specifically referencing cl 101.222 of Schedule 2 to the Regulations.