Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), made by a child applicant. The primary issue concerned the consent requirements for the visa, specifically whether the consent of each person who could lawfully determine where the child should live had been adequately obtained. This involved a court order granting the sponsor sole custody and the right to take the applicant to Australia, as well as the ex-husband/father's consent to the applicant's adoption by the sponsor's new husband.

The Tribunal was required to determine if the visa applicant met the criteria under clause 101.226 of Schedule 2 to the Migration Regulations 1994. This clause pertains to the requirement for the consent of each person who can lawfully determine where the child is to live. The Tribunal also considered the definitions of "dependent child" and "dependent" as set out in regulations 1.03 and 1.05A respectively, although the primary focus remained on the consent provisions.

The Tribunal reasoned that the existing documentation, including the court order and the father's consent to adoption, satisfied the requirements of clause 101.226. Consequently, the Tribunal remitted the application for reconsideration, directing that the visa applicant met the criteria under clause 101.226 of Schedule 2 to the Regulations.