Rajesh (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision relating to the application, specifically concerning the application of Public Interest Criterion (PIC) 4020.

The primary legal issue before the Tribunal was whether the applicant met PIC 4020, which relates to the provision of bogus documents or misleading information in support of a visa application. The Tribunal was required to determine if the requirements of PIC 4020(1) were met, and if not, whether a waiver was applicable in the circumstances.

The Tribunal found that while the requirements of PIC 4020(1) were not met, the criterion was nonetheless satisfied for the purposes of cl.802.223 of Schedule 2 to the Regulations. This finding was made in the context of the applicant's adoptive parent and the fact that the applicant's residence overseas had been arranged for adoption purposes. The Tribunal therefore remitted the application for reconsideration with a direction that the applicant met both cl.802.213 and PIC 4020.