Peters (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the primary dispute revolved around whether the visa applicant met the sponsorship requirements under clause 600.232 of the Migration Regulations. The review applicant, who claimed to be the sister of the visa applicant, acted as the sponsor. The decision was made by a Member of the Tribunal.

The legal issue before the Tribunal was to determine if the visa applicant satisfied the criteria set out in clause 600.232, specifically whether she was sponsored by a settled Australian citizen who was at least 18 years old and a relative of the applicant. The Tribunal was required to assess the evidence presented regarding the sponsor's status as a settled Australian citizen and the familial relationship between the sponsor and the visa applicant.

The Tribunal found that the sponsor was a settled Australian citizen, having been conferred citizenship in 2013 and demonstrating settled status through home ownership and mortgage payments. The Tribunal was satisfied that the sponsor met the age requirement of at least 18 years. Crucially, the Tribunal considered the birth certificates provided for both the sponsor and the visa applicant, which indicated they shared the same parents. This evidence led the Tribunal to conclude that they were sisters, thus satisfying the definition of "relative" as defined in regulation 1.03 of the Migration Regulations. Consequently, the Tribunal found that the visa applicant met the requirements of clause 600.232.

The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that the visa applicant meets the criteria under clause 600.232 of Schedule 2 to the Regulations.