Stephens (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, brought by an applicant whose step-parent, Mr Silao Palupe, was an Australian citizen. The primary issue before the Tribunal was whether Mr Palupe had been charged with a registrable offence, which would have prevented the Minister from approving the sponsorship arrangement under regulation 802.226 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr Palupe's conviction for assault occasioning bodily harm in 1999, which had been dealt with by way of a fine option order that was later revoked due to non-compliance, constituted a registrable offence. The Tribunal also considered the availability of documentation relating to this conviction, including sentencing remarks, and the police checks obtained from Nauru and Fiji for both Mr Palupe and Ms Faga Harieta Stephen, the applicant's mother and Mr Palupe's partner.

The Tribunal reasoned that, based on the evidence presented, including Mr Palupe's testimony regarding the circumstances of the conviction and the charge preferred against him, it was satisfied that Mr Palupe had no convictions for any 'registrable' offences. The Tribunal noted that the Beenleigh Magistrates Court had indicated that records relating to Mr Palupe's conviction had been destroyed due to the age of the matter, and that relevant police certificates from Nauru and Fiji revealed no adverse records.

Consequently, the Tribunal remitted the application for a Child (Residence) (Class BT) visa for reconsideration by the Minister, with a direction that the applicant met the criteria for a Subclass 802 visa, including those relating to sponsorship and dependency.