Srilaphat (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 102 (Adoption), made by the applicant, Srilaphat. The dispute concerned whether the applicant met the relevant adoption requirements and approval by the competent authority, as well as a period of 12 months residing overseas, with the possibility of implied approval being considered.

The Tribunal was required to determine if the applicant satisfied the criteria set out in clause 102.211 of the Migration Regulations 1994. Specifically, this involved assessing whether the adoption process met the necessary legal standards and whether the appropriate authorities had granted the required approval. The Tribunal also considered the implications of the applicant having resided overseas for a period of 12 months and whether this could lead to an implied approval of the adoption.

In its reasoning, the Tribunal found that the applicant did not satisfy the requirements of clause 102.211. The decision indicates that the Tribunal concluded that the necessary conditions for the visa, particularly concerning the adoption and the approval by the competent authority, were not met. Consequently, the Tribunal affirmed the decision not to grant the visa.