Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 802 (Child) visa. The applicant sought review of a decision concerning their eligibility for the visa, with the sponsor of the application being a party to the proceedings before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 802 visa, specifically in relation to parental responsibility. The Tribunal was required to determine if the evidence before it, including newly submitted documentation, satisfied the relevant legislative requirements.

The Tribunal received an order from the Family Court of Australia dated 24 October 2018, which, by consent, granted the sponsor sole parental responsibility for the visa applicant and ordered that the applicant live with the sponsor. In light of this new evidence, the Tribunal was satisfied that the criterion under cl.802.225 of Schedule 2 to the Regulations was met. Consequently, the Tribunal remitted the application for reconsideration with the direction that the applicant meets this criterion.