Xu (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, subclass 802, by Ms Winnie Ruopeng Xu. The applicant's mother, Ms Wang, sought the visa on her daughter's behalf. The primary dispute revolved around the applicant's failure to provide a valid passport, a requirement under Public Interest Criterion (PIC) 4021 of the Migration Regulations 1994. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the applicant met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant satisfied PIC 4021, which mandates that an applicant either holds a valid passport issued by an official source or that it would be unreasonable to require the applicant to hold a passport. The Tribunal also considered whether it should refer the matter to the Minister, although this was a discretionary step.

The Tribunal found that while the applicant had previously held a valid passport, it had expired. Ms Wang stated she was unable to obtain a new passport for the applicant because it required the permission of the applicant's divorced father, with whom she had no contact. However, Ms Wang could not explain why she had been able to obtain her ex-husband's consent for the applicant's tourist visa through his aunt but not for a passport. The Tribunal concluded that it was not unreasonable to require the applicant to hold a passport and therefore PIC 4021 was not met. The Tribunal declined to refer the matter to the Minister, noting that the applicant could choose to do so herself. Ultimately, the Tribunal affirmed the decision not to grant the visa.