1513939 (Migration)

This matter concerned an appeal before Senior Member Kira Raif of the Administrative Appeals Tribunal regarding an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant sought reconsideration of the decision to refuse this visa.

The primary legal issue before the Tribunal was whether the first named visa applicant met the criteria for a Subclass 117 (Orphan Relative) visa, as set out in clause 117.211 of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that the first named visa applicant met the specified criteria for the visa. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with the direction that the applicant satisfies clause 117.211. The Tribunal made no further orders.