SIMAN (Migration)

The Administrative Appeals Tribunal considered whether a visa applicant met the sponsorship requirements under clause 600.232 of the Migration Regulations 1994. The review applicant, who claimed to be the visa applicant's first cousin, provided oral evidence regarding their familial relationship and her current employment.

The Tribunal was required to determine if the visa applicant had the requisite sponsorship as defined by clause 600.232. Specifically, this involved assessing whether the familial relationship met the criteria for sponsorship, whether the sponsor was employed in roles specified in the regulations, and whether sponsorship by a government agency was established.

The Tribunal found that the evidence did not establish that the review applicant and the visa applicant were first cousins as required by clause 600.232(2). Furthermore, the Tribunal found that the review applicant's stated employment did not align with the roles outlined in clause 600.232(3)(a)–(c). No evidence was presented to suggest sponsorship by a Commonwealth, State, or Territory government agency as per clause 600.232(4). Consequently, the Tribunal concluded that the visa applicant failed to meet the requirements of clause 600.232(1) through (4).

The Tribunal affirmed the decision not to grant the visa applicant a Visitor (Class FA) visa.