Somnam (Migration)

This matter concerned an appeal by the applicant, a child, against a decision by a delegate of the Minister to refuse a Subclass 445 (Dependent Child) visa. The refusal was based on the applicant failing to satisfy public interest criteria 4017, which requires the consent of both parents for a child applicant under 18 years of age to be granted a visa. The applicant's parents, Phensri Somnam and Suphot Muangsuk, were divorced.

The primary legal issue before the Tribunal was whether the applicant had satisfied public interest criteria 4017(b), which mandates that the Minister be satisfied that each person who can lawfully determine where the applicant is to live consents to the grant of the visa. The Tribunal was required to consider the evidence presented regarding the parental consent, particularly in light of the parents' divorce and the absence of such consent at the time of the delegate's initial decision.

The Tribunal reasoned that the applicant's parents, Phensri Somnam and Suphot Muangsuk, were the individuals who could lawfully determine where the child applicant lived. Crucially, the Tribunal accepted at face value the Form 1229, signed by both parents, which indicated their consent to the grant of the visa. This evidence, along with accompanying identification, satisfied the Tribunal that the applicant met public interest criteria 4017(b). The Tribunal noted that verification of the authenticity of the provided identification was a matter for the Minister in any future consideration of the visa application.

Consequently, the Tribunal found that the applicant had satisfied public interest criteria 4017 for the purposes of clause 445.226 of the relevant Act. The delegate's decision was therefore set aside and the matter remitted for further consideration.