Mustafa (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), brought before the Administrative Appeals Tribunal. The dispute arose from the Minister's decision regarding the visa application, which was subsequently remitted for reconsideration.

The primary legal issue before the Tribunal was whether the visa applicant met the criteria for a Subclass 101 (Child) visa, specifically in relation to the requirement for the live consents of the parents, notwithstanding that the applicant was past 18 years of age at the time of the decision.

The Tribunal, applying the relevant provisions of Schedule 2 to the Regulations, specifically cl 101.226, found that the visa applicant met the specified criteria. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant satisfied these particular criteria.