Padiet (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan relative). The applicant sought review of a decision concerning their eligibility for the visa, with the primary dispute revolving around the provision of a completed Form 80.

The central legal issue before the Tribunal was whether the applicant had provided a completed approved Form 80, as required by regulation 2.03AA(2)(b) of the Migration Regulations. The Tribunal was required to determine if the applicant had satisfied this regulatory requirement, which had been requested on multiple occasions prior to the delegate's decision.

The Tribunal found that while a completed Form 80 had not been provided by the date of the delegate's decision, the applicant subsequently submitted a completed approved Form 80 on 4 August 2024. Based on this submission, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2)(b) and, consequently, regulation 2.03AA(2). The Tribunal therefore remitted the application for reconsideration with a direction that the applicant meets the specified criteria for a Subclass 117 visa.