Prasob (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, specifically a Subclass 802 (Child) visa. The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT).

The central legal issue before the AAT was whether the applicant met the criteria for the visa, particularly in relation to the provision of a valid police clearance certificate for the applicant's mother.

The AAT considered a Police Clearance Certificate issued by the Government of India, dated 4 December 2019, which was received on 11 December 2019. Being satisfied that this new evidence met the relevant criterion, the AAT concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets the criteria under Regulation 1.20KB for a Subclass 802 visa.