PEDROSO (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who was sponsored by a person residing in Australia. The primary dispute revolved around the sponsor's eligibility, specifically concerning the provision of a police clearance certificate from the Philippines. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had met the necessary sponsorship criteria for the visa.

The legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 802.215(b) and clause 802.226 of Schedule 2 to the Migration Regulations 1994, particularly in relation to the sponsor's police clearance from the Philippines. The applicant had initially failed to provide this document, leading to the refusal of the visa application by the delegate. The Tribunal had to consider the impact of the subsequent provision of this certificate to it.

The Tribunal found that while the initial application was refused due to the lack of the sponsor's Philippine penal certificate, this document had since been provided to the Tribunal and was less than 12 months old. The certificate indicated no reportable outcomes. Consequently, the Tribunal determined that the applicant had now met the criteria under clause 802.226. Given this finding, the Tribunal remitted the application to the Minister for reconsideration of the remaining criteria for the grant of the Subclass 802 visa.