PEDROSO (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 802 (Child) visa. The applicant was the child, and the sponsor was the parent. The central dispute concerned whether the sponsor met the character requirements for the visa, specifically in relation to their criminal history.

The primary legal issue before the Tribunal was whether the sponsor satisfied the character criterion as stipulated in clause 802.226 of Schedule 2 to the Migration Regulations 1994. This required the Tribunal to assess the evidence of the sponsor's criminal history provided by the Philippine authorities.

The Tribunal received a National Bureau of Investigation certificate from the Philippines, which was valid until April 2018. Upon reviewing this new evidence, the Tribunal was satisfied that the sponsor met the character criterion. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the relevant criteria for a Subclass 802 visa.