Montipolca (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning a Subclass 101 (Child) visa. The applicant sought review of a decision relating to sponsorship requirements for this visa. The AAT Member, Justin Meyer, was tasked with determining whether the sponsorship was in force at the time of the decision and whether the applicant met the relevant criteria.

The primary legal issue before the Tribunal was whether the sponsorship for the Child (Migrant) (Class AH) visa, Subclass 101, was valid and in force at the time the decision was made. This involved considering the status of the sponsor's own visa, which had been subject to cancellation. The Tribunal also had to determine if the applicant met the criteria for the visa, specifically in light of the sponsorship requirements.

The Tribunal found that the decision-maker had not considered a hearing to be necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration. The direction was that the applicant meets the criteria specified in clause 101.222 of Schedule 2 to the Migration Regulations 1994 (Cth), implying that the sponsorship was considered to be in force for the purpose of the applicant's application.