Zheng (Migration)

This matter concerned an application for a Child (Residence) (Class BT) visa, Subclass 802, made by a child applicant sponsored by their mother. The Administrative Appeals Tribunal was required to consider whether the sponsorship met the relevant legislative requirements, particularly in light of the applicant's age and the sponsor's and her partner's residency history.

The primary legal issue before the Tribunal was the interpretation and application of Regulation 1.20KB of the Migration Regulations 1994, which governs the Minister's discretion to approve sponsorships when the applicant is under 18. Specifically, the Tribunal had to determine whether the sponsor and her partner had provided sufficient evidence of their criminal history, or lack thereof, as required by the regulations, given their extensive periods of residence both within and outside Australia.

The Tribunal reasoned that Regulation 1.20KB(11) permits the Minister to request police checks from specified Australian jurisdictions or countries where a sponsor or their partner has lived for at least 12 months. The sponsor had indicated periods of residence in Australia and elsewhere, triggering the potential need for such checks. While various documents, including a "Certificate of No Criminal Record" from China and "Notary Certificates of No Criminal Convictions," were provided, the Tribunal found that these did not necessarily satisfy the requirements for an Australian Federal Police (AFP) National Police Check, which the Minister may request under the regulations. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister to properly assess the remaining visa criteria, directing that the applicant met the criteria under Regulation 1.20KB.