Zheng (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, made by a child applicant. The applicant's mother, Qianling SUN, was the sponsor. The Tribunal, constituted by Russell Matheson, was required to consider the applicant's eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements for sponsorship under clause 802.215(b) of the Migration Regulations 1994, particularly in light of the applicant being under 18 years of age at the time of application. This involved considering the Minister's discretion under regulation 1.20KB regarding police checks for sponsors and their partners when the applicant is a minor.

The Tribunal found that the applicant, born on 8 October 2017, was under 18 at the time of application. The sponsor, Ms. Sun, had resided in Australia for more than 12 months in the last 10 years, and was in a partner relationship with the applicant's father, Zilong Zheng. The Tribunal noted that the application did not include a letter of support from a State or Territory government welfare authority, meaning the applicant had to satisfy the requirements of clause 802.215(b). The Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the criteria under regulation 1.20KB.