1704843 (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically Subclass 117 (Orphan relative), before the Tribunal. The applicant claimed to be an orphan relative of the sponsor, who is an Australian citizen and the applicant's aunt. The applicant alleged that her parents died during the conflict in Sudan and that she was subsequently cared for by her maternal grandmother, the sponsor's mother, until the grandmother's death. The sponsor asserted that she had provided financial support to the applicant.

The primary legal issue before the Tribunal was whether the applicant met the definition of an "orphan relative" as defined in the Migration Regulations 1994. This required determining if the applicant was under 18, had no spouse or de facto partner, was a relative of an Australian citizen, and could not be cared for by either parent due to their death, permanent incapacity, or unknown whereabouts. The Tribunal also had to consider whether the applicant continued to meet these criteria at the time of the decision.

The Tribunal found that the applicant had not provided sufficient evidence to establish that her parents were deceased. The evidence presented regarding the parents' deaths was described as evasive and unconvincing. Consequently, the Tribunal concluded that the applicant did not satisfy the requirement of being unable to be cared for by either parent. Furthermore, the Tribunal found that the applicant was not an orphan relative of an Australian relative at the time of the application, nor at the time of the decision.

As the criteria for the Subclass 117 visa were not met, the Tribunal affirmed the decision not to grant the visa.