Sacko (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, before the Tribunal. The applicant sought review of a decision concerning their eligibility for the visa, with the primary dispute revolving around the validity of the sponsorship provided by the applicant's father.

The Tribunal was required to determine whether the sponsorship of the applicant remained in force, given that the sponsor's permanent visa had initially been cancelled under section 109 of the Migration Act 1958 (Cth) for failing to notify the Department of a change in circumstances. A further issue was whether any limitations on the Minister's discretion to approve sponsorships, specifically those relating to registrable offences under regulation 1.20KB, applied to the sponsor.

The Tribunal found that the applicant satisfied the criteria under cl.802.215 at the time of application. Crucially, a differently constituted Tribunal had previously set aside the cancellation of the sponsor's visa, resulting in its reinstatement. Consequently, the Tribunal accepted that the sponsor held a valid permanent visa and was capable of sponsoring the applicant. The Tribunal also noted that there was no information to suggest the sponsor had been charged with or convicted of a registrable offence, meaning the limitation under reg.1.20KB did not apply.

The Tribunal remitted the application for a Child (Residence) (Class BT) visa for reconsideration by the Minister, with a direction that the applicant met cl.802.215 and cl.802.226 of Schedule 2 to the Regulations.