Nguyen (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 101 (Child) visa. The applicant, Hoang Khan Tran, born on 3 November 2002, was sponsored by Ms Thi Tri Nguyen. The central dispute revolved around whether the applicant met the requirements of clause 101.226 of Schedule 2 to the Regulations, which necessitated consideration of Public Interest Criterion (PIC) 4017 and PIC 4004. The decision was made by a Member of the Tribunal.

The Tribunal was required to determine if the visa applicant satisfied clause 101.226 at the time of the decision, and if PIC 4017 and PIC 4004 were applicable and met. PIC 4017 requires the Minister to be satisfied that the applicant's home country law permits their removal, or that all persons who can lawfully determine the applicant's residence consent to the visa grant, or that the grant is consistent with any Australian child order. PIC 4004 requires the applicant not to have outstanding debts to the Commonwealth, unless satisfactory payment arrangements are in place.

The Tribunal noted that the applicant was born on 3 November 2002 and had turned 18 by the time of the decision. Consequently, the requirement for PIC 4017 and PIC 4018 to be satisfied was no longer applicable under clause 101.226. The Tribunal found that there was no indication that the applicant did not meet PIC 4004, as required by clause 101.223, and therefore this criterion was met. The Tribunal also addressed the history of obtaining a letter of consent from the applicant's father, noting issues with the certification of signatures and the dating of documents, but ultimately confirmed the father's identity.

Given these findings, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa for reconsideration by the Minister. The remittal was made with the direction that the visa applicant met Public Interest Criterion 4004 for the purposes of clause 101.223 of Schedule 2 to the Regulations.