Nguyen (Migration)

The applicant sought review of a decision concerning an application for a Child (Residence) (Class BT) visa. The case came before Kira Raif, Senior Member, of the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant met the criteria for the visa, specifically in relation to police clearance certificates provided by Vietnamese and Australian authorities.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied clause 802.226 of Schedule 2 to the Migration Regulations. This clause likely pertains to character requirements, which are typically assessed through police clearances.

The Tribunal's reasoning, as indicated by the decision, was that the applicant did indeed meet clause 802.226. Based on this finding, the Tribunal remitted the application for a Child (Residence) (Class BT) visa back to the delegate for reconsideration, with a specific direction that the applicant meets the criteria under clause 802.226.