Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant who was the holder of a temporary visa at the time of application. The applicant also claimed court-granted custody of the child. The Tribunal affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the sponsorship requirements for the Subclass 802 visa, specifically concerning the definition of ‘step-child’ and the implications of court-granted custody in the context of the visa application.

The Tribunal's reasoning focused on the failure to meet the sponsorship requirements. While the applicant had court-granted custody, this did not satisfy the specific criteria for the visa subclass. The Tribunal found that the applicant did not meet the necessary conditions for the grant of the visa, and no claims were advanced in respect of other relevant visa subclasses. Consequently, the Tribunal affirmed the decision to refuse the visa.