Valkovich (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a delegate's decision to refuse a Visitor (Class FA) visa, subclass 600. The visa applicant's sponsor, Mrs Natalia Valkovich, stated in her sponsorship application that the visa applicant was her brother. However, the delegate was not satisfied that the visa applicant was sponsored by a prescribed person, as no evidence of the relationship, such as a birth certificate, was provided with the initial application. Consequently, the delegate concluded that the visa applicant did not meet the criteria set out in clause 600.232 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the visa applicant met the sponsorship requirements under clause 600.232, specifically whether he was sponsored by a settled Australian citizen or permanent resident who was at least 18 years old and a relative of the applicant. The Tribunal was required to consider the evidence presented to it, which included birth certificates for both the sponsor and the visa applicant, a marriage certificate and divorce certificate for the visa applicant showing name changes, and a marriage and change of name certificate for the sponsor.

The Tribunal reasoned that the evidence provided, including birth certificates showing the same parents and documents detailing name changes through marriage and divorce, established that Mrs Valkovich was indeed the sister of the visa applicant, Igor Kononets. The Tribunal also confirmed through departmental records that Mrs Valkovich was an Australian citizen and over 18 years of age. Therefore, the Tribunal was satisfied that the visa applicant was sponsored by a relative who met the criteria of clause 600.232(2)(a). As a result, the Tribunal concluded that the decision should be remitted for reconsideration.