Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 802 (Child) visa. The applicant had provided a notarised copy of their original birth certificate, issued by the Socialist Republic of Vietnam on 9 December 2005, along with a certified copy of the same document. Additionally, National Police Clearance Certificates were submitted for the applicant, the sponsor, and the sponsor's spouse.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 802 visa, specifically criterion cl.802.212 of Schedule 2 to the Regulations, in light of the new evidence presented.

The Tribunal, having reviewed the newly submitted birth certificate and police clearance certificates, was satisfied that the criterion was met. Consequently, the Tribunal determined that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified criteria for the Subclass 802 visa.