Otuana (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 802 (Child) visa. The applicant's eligibility for this visa was in dispute due to concerns regarding the criminal history of the sponsor, Ms Jennifer Anne Learmonth.

The primary legal issue before the Tribunal was whether the criterion relating to the sponsor's criminal history, specifically cl.802.226 of Schedule 2 to the Migration Regulations 1994, had been met. This required the Tribunal to assess the evidence presented concerning Ms Learmonth's criminal record.

The Tribunal's reasoning focused on new evidence received on 1 August 2018, which was a scanned copy of a National Police Certificate for Ms Learmonth. Upon reviewing this document, the Tribunal was satisfied that the criterion concerning the sponsor's criminal history was met. Consequently, the Tribunal concluded that the application should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified criteria for a Subclass 802 visa.