1414065 (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding visa applications for two individuals, Ibrahim and Dauda, who were seeking to be recognised as orphan relatives of an Australian citizen, Mr Alfred Sankoh. The central dispute revolved around whether the visa applicants met the criteria for an Orphan Relative (Subclass 117) visa, specifically concerning their age and their status as relatives of an Australian citizen.

The Tribunal was required to determine if the visa applicants satisfied the requirements of clause 117.211 and clause 117.221 of the Migration Regulations 1994. This involved assessing whether the applicants were orphan relatives of an Australian relative at the time of application and at the time of decision, considering the definition of an "orphan relative" as set out in regulation 1.14, which includes the criteria of not having turned 18, not having a spouse or de facto partner, and being a relative of an Australian citizen, permanent resident, or eligible New Zealand citizen.

The Tribunal found that while the visa applicants met the criteria of not having a spouse or de facto partner and being a relative of an Australian citizen, they had turned 18 by the time of the decision. However, the Tribunal was satisfied that they had not turned 18 at the time of application and that the reason they no longer met this criterion at the time of decision was solely because they had reached the age of 18. Consequently, the Tribunal concluded that the applicants met the relevant criteria under clauses 117.211 and 117.221. The Tribunal remitted the applications for Child (Migrant) (Class AH) visas for reconsideration by the Minister, with the direction that the first and second named visa applicants met the specified criteria for a Subclass 117 (Orphan Relative) visa.