Vakaruru (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Confirmatory (Residence) (Class AK) Subclass 808 visa. The applicant acknowledged not meeting the prescribed visa requirements, holding only a Bridging Visa E at the time of application, and requested the Tribunal to finalise the decision to allow for Ministerial Intervention.

The central legal issue before the Tribunal was whether the applicant could satisfy the criteria for the grant of a Subclass 808 visa. Specifically, the Tribunal had to determine if the applicant met the requirements outlined in clauses 808.211 and 808.212, or clause 808.213, which pertains to former holders of Norfolk Island immigration permits.

The Tribunal noted that the applicant did not hold any of the visas specified in clause 808.211, nor did they meet the criteria for clause 808.213, which involved specific residency and age requirements in Norfolk Island or Australia for study purposes. The applicant's submission focused on the potential for unique and exceptional circumstances, particularly concerning the best interests of their Australian citizen children, to warrant a referral for Ministerial Intervention. However, the Tribunal's role was to assess the applicant's eligibility against the legislative criteria for the visa.

As the applicant failed to satisfy the prescribed criteria for the Subclass 808 visa, and the Tribunal's jurisdiction was limited to reviewing the decision based on those criteria, the Tribunal concluded that the decision under review should be affirmed.