1801823 (Migration)

1801823 (Migration) [2021] AATA 3650 (27 August 2021)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER: 1801823
MEMBER:Michael Ison
DATE:27 August 2021
PLACE OF DECISION: Melbourne
DECISION:The Tribunal affirms the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa.

Statement made on 27 August 2021 at 5:02pm
CATCHWORDS
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 102 (Adoption) visa – sponsor had not resided overseas for more than 12 months at the time that the application was lodged – no discretion to waive or ignore criteria – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), rr 1.03, 1.14; Schedule 2, cls 101.211, 102.211, 117.211

CASES
EC v MIMIA (2004) FCR 438
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 378 of the Migration Act 1958 and replaced with generic information.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection on 20 November 2017 to refuse to grant the visa applicant a Child (Migrant) (Class AH) visa under s 65 of the Migration Act 1958 (Cth) (the Act).
Background
The visa applicant is [applicant’s full name], who is a [age]-year-old South Sudanese national. [The applicant] is referred to as [Miss A] in these reasons for decision.
The review applicant in this case is Mrs [B]. [Mrs B] and her husband Mr [B] adopted [Miss A] in South Sudan on [date] January 2012.
The visa application
[Miss A] applied for the visa on 31 October 2017. At the time of application, the Child (Migrant) (Class AH) visa contained Subclass 101 (Child), Subclass 102 (Adoption) and Subclass 117 (Orphan Relative). In this case, claims have only been made in respect of Subclass 102 (Adoption).
The criteria for a Subclass 102 visa are set out in Part 102 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). Relevantly to this case, they include cl.102.211 which is set out in Attachment 1 to these reasons for decision.
The primary decision
Mr and [Mrs B] provided the Tribunal with a copy of the primary decision.
The delegate refused to grant the Subclass 102 visa on the basis that cl.102.211(2)(b)(ii) was not met because neither Mr or [Mrs B] had resided overseas for more than 12 months at the time of the application for the Subclass 102 visa.
Tribunal hearing
Mr and [Mrs B] appeared before the Tribunal by video on 19 August 2021 to give evidence and present arguments. The Tribunal also received oral evidence by video from Mr [B]’s eldest son Mr [C]. Mr and [Mrs B] were in one location and Mr [C] was in another location.
The applicants were not represented by a lawyer or migration agent during the conduct of this review and the Tribunal took this into account, particularly during the conduct of the Tribunal hearing.
The Tribunal hearing was held during the COVID-19 global pandemic when extensive restrictions on the movement and gathering of people were in place in Victoria and also other States. The Tribunal determined it was reasonable to hold the hearing by video, having regard to the nature of this matter and the individual circumstances of the applicants. The Tribunal also had regard to the Tribunal’s objective of providing a mechanism of review that is fair, just, economical and quick, and the delay to the matter if the hearing was not to be conducted by video. The Tribunal was satisfied Mr and [Mrs B] and Mr [C] and the Tribunal could satisfactorily see, hear and understand each other throughout the hearing. The Tribunal is satisfied that Mr and [Mrs B] were given a fair opportunity to give evidence and present arguments to the Tribunal.
At the commencement of the Tribunal hearing the Tribunal explained to Mr and [Mrs B] the determinative issues before the Tribunal, the Tribunal’s role and how the hearing would proceed including that the Tribunal is independent of the Department and is not bound by the delegate’s primary decision. The Tribunal informed Mr and [Mrs B] that it would seek submissions from both of them toward the end of the Tribunal hearing on any matter they considered relevant to the review.
Pre-hearing submissions
Mr and [Mrs B] provided the Tribunal with extensive submissions prior to the hearing. These submissions and the documents included with them are set out in Attachment 2 to these reasons for decision.
Tribunal’s decision
For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.
CONSIDERATION OF CLAIMS AND EVIDENCE
The issue in this case is whether [Miss A] meets the primary criteria at the time of application for the grant of a Subclass 102 visa.
As an application for a visa is made for a class of visa the Tribunal has considered whether [Miss A] meets the criteria for all of the subclasses within the Child (Migrant) (Class AH) visa class. The subclasses of visa within Class AH are:
·Subclass 101 – Child (Migrant)
·Subclass 102 – Adoption (Migrant)
·Subclass 117 – Orphan Relative (Migrant).
Evidence given to the Tribunal
Mr and [Mrs B] gave often moving evidence of their adoption of [Miss A], their love and care for her, their ongoing commitment to parent [Miss A] as best as they can and their fierce desire for [Miss A] to live with them in Australia. Mr [C] gave evidence of his father and step-mother’s love and commitment to [Miss A] and was able to corroborate key dates and events from the evidence of Mr and [Mrs B].
The Tribunal summarises the evidence it has received in this review as follows:
·[Mrs B] was a Sudanese national from the south of Sudan who came to Australia in April [2003];
·[Mrs B] was granted Australian citizenship on 20 June 2005;
·Mr and [Mrs B] were married in September 2005 in Tasmania;
·[Mr B] has two adult children, [Mr C] and [Mr D], from his previous marriage;
·Mr and [Mrs B] decided to adopt a child from South Sudan where most members of [Mrs B]’s family lived or worked at the time and made enquiries of the Northern Territory Government Adoption Unit;
·In late 2010 [they] were informed by a friend who worked at a hospital in Khartoum in South Sudan that a baby girl had been born on [date] but abandoned by its parents;
·A member of [Mrs B]’s family took the baby to local police who advised them to care for the baby until someone claimed her and that family member was appointed as [Miss A]’s initial and temporary guardian;
·No one came forward to claim [Miss A] as their child;
·In January 2012 Mr and [Mrs B] travelled to Khartoum in South Sudan to establish what they needed to do to be appointed as guardians of [Miss A] with a view to eventually formally adopting [Miss A];
·At that time there was civil war in Sudan and Mr and [Mrs B] felt that Khartoum was not a safe place for [Miss A] and wished to take her to [Mrs B]’s family members who were living in Kampala, Uganda, approximately 3,000 kilometres to the south;
·[Mr B] in particular did not wish to remove [Miss A] from South Sudan and take her to another country (Uganda) without any paperwork;
·Mr and [Mrs B] hoped to be granted guardianship or foster parent or similar status in relation to [Miss A] so they could lawfully take her from South Sudan to safety;
·On 27 January 2012 a court in South Sudan granted Mr and [Mrs B] full adoptive rights in relation to [Miss A];
·Mr and [Mrs B] returned to Australia in February 2012;
·A member of [Mrs B]’s family took [Miss A] to [Mrs B]’s family in Kampala where she lives with and is cared for by her guardians [names deleted] who are [Mrs B]’s sister and brother-in-law;
·When [Mr B] made enquiries of the Northern Territory adoption agency about having the adoption of [Miss A] recognised in Australia and bringing [Miss A] to Australia the agency informed him that as [Miss A] had been adopted outside of the agency’s approval processes the agency would not be able to assist Mr and [Mrs B] further;
·Mr and [Mrs B] travelled to Uganda to visit [Miss A] from:
o[December] 2013 to [February] 2014;
o[December] 2014 to [January] 2015;
o[December] 2015 to [December] 2016 for [Mrs B];
o[December] 2015 to [April] 2016 for [Mr B];
o[December] 2017 to [January] 2018 for [Mrs B];
o[December] 2019 to [January] 2020;
·[Mrs B] lived in Kampala for 12 months in 2015 – 2016 with [Miss A] and with [Mr B] who returned to Australia on [date] April 2016 for financial reasons. The work [Mr B] was able to obtain and was offered in Uganda did not pay enough for Mr and [Mrs B] to be able to live in Uganda and support their extended family including buying a car in Uganda;
·[Mr B] returned to Australia to live with Mr [C] and his family in [Northern Territory] and found work there which enable [Mr B] to send money to Uganda for [Mrs B], [Miss A] and their extended family;
·At the end of 2016 [Mrs B] returned to Darwin, Australia to attend the wedding of [Mr B]’s younger son, [Mr D] in Tasmania, where Mr and [Mrs B] stayed and presently reside;
·From 2012 to 2017 Mr and [Mrs B] were dealing with Government departments and agencies first in the Northern Territory and then in their home state of Tasmania and also explored other options to try to bring [Miss A] to Australia;
·On 30 October 2017 Mr and [Mrs B] applied on [Miss A]’s behalf for the Subclass 102 visa, which was refused on 20 November 2017;
·On 24 January 2018 [Mrs B] lodged an application for the Tribunal to review the decision to refuse [Miss A] a Subclass 102 visa;
·Mr and [Mrs B] have not been able to travel to visit [Miss A] since early 2020 due to the international travel restrictions imposed as part of the international response to the emergence of the COVID-19 global pandemic in early 2020;
·Due to the response to the COVID-19 global pandemic in Uganda, [Miss A] has been able to attend very little schooling over the past 18 months but has fluent English language skills, has been assessed as a very bright pupil and Mr and [Mrs B] know she would flourish in the Australian education system, where [Mr B] is a literacy and numeracy practitioner and Mr and [Mrs B] have been involved in [schools] in Western Australia;
·Mr and [Mrs B] have the financial means and personal circumstances to raise and support [Miss A] as her parents in loving circumstances and wish to be involved in [Miss A]’s life on a day to day basis;
·Mr and [Mrs B]’s ongoing separation from [Miss A] causes [Miss A] and them great sadness, stress and anxiety and these feelings are also experienced by both [Mr B]’s and [Mrs B]’s extended families;
·Throughout all of this time, when not in Uganda with [Miss A], Mr and [Mrs B] have maintained daily or near daily contact with [Miss A] through video and telephone calls and some written correspondence;
·[Miss A] considers Mr and [Mrs B] to be her mother and father and Mr and [Mrs B] wish to be recognised in Australia as [Miss A]’s lawful parents; and
·As detailed in Attachment 2 to these reasons for decisions, Mr and [Mrs B] provided extensive personal and financial documents to support their evidence of their regular travel to Uganda, their financial and other support for [Miss A] (and their extended family) including [Miss A]’s schooling, clothing, food, accommodation, medical and other needs.
Subclass 102 visa – adoption visa
Subclauses 102.211(1) and (2) of Schedule 2 to the Regulations provide:
102.21  Criteria to be satisfied at time of application
102.211
(1)     The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2)       An applicant meets the requirements of this subclause if:
(a)       the applicant has not turned 18; and
  (b)       the applicant was adopted overseas by a person who:
(i)  was, at the time of the adoption, an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(ii)  had been residing overseas for more than 12 months at the time of the application; and
(c)  the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and
(d)  the adoptive parent has lawfully acquired full and permanent parental rights by the adoption.
The evidence before the Tribunal is that [Miss A] meets the requirements of subclauses 102.211(2)(a) and (d) because at the time of adoption [Miss A] had not turned 18 and Mr and [Mrs B] lawfully acquired full and permanent parental rights by the adoption, although the Tribunal notes that adoption is not recognised in Australia in that manner.
[Miss A] meets the requirements of subclause 102.211(2)(b)(i) because at the time of her adoption on [date] January 2012 [Mrs B] was an Australian citizen, having been granted citizenship in June 2005. [Mrs B] provided the Tribunal with a copy of her citizenship certificate which the Tribunal accepts.
However, [Miss A] does not meet the requirement in subclause 102.211(2)(b)(ii) because at the time of application for the Subclass 102 visa, being 31 October 2017, neither Mr or [Mrs B] had lived overseas for the 12 months prior to the application. To meet this requirement either Mr or [Mrs B], as [Miss A]’s adoptive parents, needed to live overseas from 1 November 2016 to 31 October 2017. The Tribunal accepts Mr and [Mrs B]’s evidence that this did not occur. [Mrs B] lived overseas, in Uganda, from [December] 2015 to [December] 2016 and [Mr B] lived overseas, in Uganda, from [December] 2015 to [April] 2016 as the closest dates of residence overseas to the required dates.
Accordingly, the Tribunal finds that the requirement of subclause 102.211(2)(b)(ii) is not met by [Miss A].
Subclass 101 visa – child visa
Clause 101.211 of Schedule 2 to the Regulations provides:
101.21  Criteria to be satisfied at time of application
101.211
(1)       The applicant:
(a)       is a dependent child of:
(i)      an Australian citizen; or
(ii)       the holder of a permanent visa; or
(iii)      an eligible New Zealand citizen; and
(b)       subject to subclause (2), has not turned 25; and
          (c)       either:
(i)      is:
(A)      the child (other than an adopted child);
(B)  the step-child within the meaning of paragraph (b) of the definition of step-child;
of the Australian citizen, holder of a permanent visa or eligible New Zealand citizen mentioned in paragraph (a); or
(ii)  was adopted overseas by a person who, at the time of adoption, was not an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen, but later became an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen.
Mr and [Mrs B] do not claim that [Miss A] is their dependent child under subclause 101.211(1)(a) as the term dependent child is defined in r.1.03.
Mr and [Mrs B] evidence is they adopted [Miss A] on [date] January 2012 which means [Miss A] also does not meet the requirement of subclause 101.211(1)(c)(i).
In addition, at the time that Mr and [Mrs B] adopted [Miss A] on [date] January 2012 both Mr and [Mrs B] were Australian citizens which means [Miss A] does not meet the requirement of subclause 101.211(1)(c)(ii).
Accordingly, the Tribunal finds that the requirements of subclause 101.211(1) are not met by [Miss A].
Subclass 117 visa – orphan relative
Clause 117.211 of Schedule 2 to the Regulations provides:
117.21      Criteria to be satisfied at time of application
117.211
The applicant:
(a)       is an orphan relative of an Australian relative of the applicant; or
(b)  is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).
The term ‘orphan relative’ is defined in r.1.14 as:
1.14     Orphan relative
An applicant for a visa is an orphan relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if:
(a)      the applicant:
(i)       has not turned 18; and
(ii)      does not have a spouse or de facto partner; and
(iii)     is a relative of that other person; and
(b)the applicant cannot be cared for by either parent because each of them is either dead, permanently incapacitated or of unknown whereabouts; and
(c)there is no compelling reason to believe that the grant of a visa would not be in the best interests of the applicant.
The scope of subclause 117.211(b) was considered in the case of EC v MIMIA.[1] The applicant in that case sought to argue that subclause 117.211(b) applied to an applicant who was adopted, but not by an existing relative. The Court rejected this construction of the provision and held that the Explanatory Statement to Migration Amendment Regulations 2002 (Cth) (No 2) confirmed that subclause 117.211(b) provides for the situation where an adoption prevents a person from satisfying the definition of ‘orphan relative’ and not for the circumstance where an adoption enables a person to satisfy the definition of ‘relative’ but not ‘orphan relative’. In other words, the relative relationship must exist outside of, and predate, the adoption relationship in order for applicants to meet the alternative criteria in circumstances where there has been an adoption.
[1] EC v MIMIA (2004) FCR 438.
Mr and [Mrs B] do not claim that at the time of application for the visa they were a relative of [Miss A] (other than through adoption) or that [Miss A] was an orphan relative as those terms are defined in the Regulations.
Accordingly, the Tribunal finds that the requirements of clause 117.211 are not met by [Miss A].
Conclusion
On the evidence before the Tribunal, the Tribunal has found that [Miss A] does not meet the requirements of clauses 102.211(2)(b)(ii), 101.211(1) and 117.211 of Schedule 2 to the Regulations. This means that [Miss A] does not meet the requirements for the grant of any subclass of visa with Class AH.
The Tribunal does not have a discretion to waive or ignore any of these criteria for the grant of a Child visa. For these reasons, the decision of the delegate that is under review must be affirmed.
DECISION
The Tribunal affirms the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa.
Michael Ison
Senior Member

Attachment 1
Extract of clause 102.211 from Schedule 2 to the Migration Regulations (as at 30 October 2017)
102.21  Criteria to be satisfied at time of application
102.211
(1)     The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2)       An applicant meets the requirements of this subclause if:
(a)       the applicant has not turned 18; and
  (b)       the applicant was adopted overseas by a person who:
(i)  was, at the time of the adoption, an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen; and
(ii)  had been residing overseas for more than 12 months at the time of the application; and
(c)  the Minister is satisfied that the residence overseas by the adoptive parent was not contrived to circumvent the requirements for entry to Australia of children for adoption; and
(d)  the adoptive parent has lawfully acquired full and permanent parental rights by the adoption.
(3)       An applicant meets the requirements of this subclause if:
(a)       the applicant has not turned 18; and
  (b)       the applicant is resident in an overseas country; and
  (c)       either:
(i)  a person who is not in a married relationship or de facto relationship, and who is an Australian citizen, a holder of a permanent visa  or an eligible New Zealand citizen has undertaken in writing to adopt the applicant; or
(ii)  spouses or de facto partners, at least one of whom is an Australian citizen, a holder of a permanent visa  or an eligible New Zealand citizen, have undertaken in writing to adopt the applicant; and
(d)       a competent authority in Australia:
(i)  has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or
(ii)  has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.
(4)       An applicant meets the requirements of this subclause if:
(a)       the applicant has not turned 18; and
  (b)       the applicant is resident in an overseas country; and
(c)  a competent authority in the overseas country has allocated the applicant for prospective adoption by a person who is an Australian citizen, a holder of a permanent visa  or an eligible New Zealand citizen, or such a person and that person's spouse or de facto partner; and
(d)       either:
(i)      arrangements for the adoption are in accordance with the Adoption Convention; or
(ii) the adoption is of a kind that may be accorded recognition by regulation 5 of the Family Law (Bilateral Arrangements - Intercountry Adoption) Regulations 1998; and
(e)      a competent authority in Australia:
(i)  has approved the prospective adoptive parent as a suitable adoptive parent for the applicant; or
(ii)  has approved the prospective adoptive parent and the spouse or de facto partner of the prospective adoptive parent as suitable adoptive parents for the applicant.
(5)       An applicant meets the requirements of this subclause if:
(a)       the applicant has not turned 18; and
(b)  the applicant was adopted in accordance with the Adoption Convention, in an Adoption Convention country, by a person who was an Australian citizen, a holder of a permanent visa  or an eligible New Zealand citizen when the adoption took place, or by such a person and that person's spouse or de facto partner.
Attachment 2
The main submissions the Tribunal received from the applicants prior to the Tribunal hearing, with the main, but not all, documents attached to each submission were:
Submission received 17 April 2018
·six-page written statement dated 14 April 2018 from [Mrs B];
·support letter undated from [Mr B];
·support letter dated 12 April 2018 from [Ms E and Mr F];
·support letter dated 28 February 2018 from [a named Archbishop];
·one-page written statement dated 23 October 2017 from Mr and [Mrs B];
·support letter dated 21 July 2017 from Fr [G] Parish Priest;
·support letter dated 20 October 2017 from [Mr H] Secretary of [a] South Sudanese Community [organisation];
·one-page written statement regarding the decision letter dated 20 November 2017 from [Mrs B];
·support letter dated 8 May 2012 from [an MP],;
·support letter dated 7 August 2017 from [Primary School 1], Uganda;
·support letter undated from [a] Community Migrant Worker in [Town 1] Western Australia;
·support letter dated 23 October 2017 from [Ms E and Mr F];
·Certificate of Adoption dated [date] January 2012 from [Judiciary] of South Sudan, Republic of South Sudan;
·Age Assessment Certificate dated 21 May 2014 from National Medical Commission, Ministry of Health, Republic of South Sudan;
·Certificate of Marriage of Mr and [Mrs B];
·[Miss A]’s passport and nationality certificate;
·[Mr B]’s birth certificate;
·[Mrs B]’s passport;
·National Police Certificates for Mr and [Mrs B];
·[Miss A]’s Child Health Card;
·Certificate of Australian Citizenship for [Mrs B];
·an untranslated card for [Miss A];
·Form 47CH - Application for migration to Australia by a child;
·receipt from [a] Hotel in Southern Sudan 2012;
·receipts from [Primary School 1] for payment of [Miss A]’s school and related fees 2014-2017;
·airplane tickets for [Mrs B] travel from [December] 2017 to [January] 2018;
·Byo jet tax invoice and travel documents Australia-Kampala 2015-2016;
·Wotif flight booking Australia to Kampala International flight [in] 2014;
·Travel Registration with Department of Foreign Affairs and Trade and registration no.:[deleted] for Mr and [Mrs B] for travel to Kampala;
·airplane tickets for [Mrs B] for 2015-2016;
·[Mrs B]’s boarding passes for December 2016 trip from Australia to Kampala;
·receipts from Harvey Norman for printing photos;
·receipts of Lebara and Lycamobile vouchers used for calling [Miss A];
·receipts of money exchanges from 2015 and 2016 in Kampala;
·receipts from the transfer of money using Western Union from 2011 to 2017;
·receipts from Target shop for jewellery and clothes sent from Australia to [Miss A];
·receipts from Betts, [Town 1] for shoes sent from Australia to [Miss A];
·receipts from Goldmark, [Town 1] for necklaces and a bangle sent from Australia to [Miss A];
·bus tickets from Uganda to Nairobi;
·receipts for immigration entry visas;
·receipts from Ria Financial Services Australia sending money to [Miss A] on 23 November 2017;
·receipt for the Tribunal review application fee;
·receipt for the Subclass 102 visa application fee;
·receipt for the purchase of a motor vehicle in Kampala; and
·photo album showing photos of [Mrs B] and [Miss A] together between 2012 to 2016.
Submission received 1 March 2021
·five-page undated written statement from [Mrs B];
·undated letter from [Miss A] to [Mrs B];
·support letter dated 20 October 2017 from [Mr H] Secretary of [a]South Sudanese Community [organisation];
·support letter dated 21 July 2017 from Fr [G] Parish Priest;
·support letter undated from [Mr I and Ms J];
·support letter dated 23 August 2011 from Fr. [K] Asst. Parish Priest;
·support letter dated 7 August 2017 from [Primary School 1], Uganda;
·support letter undated from [Mr B];
·list of supporting documents; and
·general information regarding an Assurance of Support and a notation that an assurance of support is being provided by Mr [C].
Submissions received on 9, 12 and 18 August 2021
·9 August 2021 - seven-page written statement undated from Mr and [Mrs B];
·9 and 18 August 2021 - undated letter and a picture from [Miss A] to Mr and [Mrs B];
·9 August 2021 - list of supporting documents;
·9 August 2021 - Certificate of Australian Citizenship for [Mrs B];
·9 August 2021 - support letter dated 23 October 2017 from [Ms E and Mr F];
·9 August 2021 - support letter dated 20 October 2017 from [Mr H] Secretary of [a] South Sudanese Community [organisation];
·9 August 2021 - support letter dated 21 July 2017 from Fr [G] Parish Priest;
·9 August 2021 - support letter undated from [Mr I and Ms J];
·9 August 2021 - support letter dated 23 August 2011 from Fr. [K];
·9 August 2021 - support letter dated 7 August 2017 from [Primary School 1], Uganda;
·9 August 2021 - a poem for Mr and [Mrs B] sent by [Miss A];
·9 and 12 August 2021 - Tribunal hearing response form;
·9 and 12 August 2021 - one-page undated written statement from [Mrs B];
·9 and 12 August 2021 - one-page written statement dated 23 October 2017 from Mr and [Mrs B];
·9 and 12 August 2021 - Immunization/health card and blood group for [Miss A];
·9 and 12 August 2021 - Certificate of Adoption dated[date] January 2012 from the [Judiciary] of South Sudan, Republic of South Sudan;
·9 and 12 August 2021 - Age Assessment Certificate for [Miss A] dated 21 May 2014 from the National Medical Commission, Ministry of Health, Republic of South Sudan;
·9 and 12 August 2021 – [Miss A]’s passport and nationality certificate;
·9 and 12 August 2021 - a letter dated 19 September 2011 from Republic of South Sudan regarding the assessment of [Mrs B] for the adoption;
·9 and 12 August 2021 - airline tickets for [Mrs B]’s travel from [December] 2015 to [December] 2016;
·9, 12 and 18 August 2021 - [Mrs B]’s passport showing her entry and exit visa dates;
·9 and 18 August 2021 - summary of expenses for [Miss A];
·9 and 18 August 2021 – receipts from Western Union from sending money for [Miss A] in 2015;
·9 August 2021 - receipts for [Miss A]’s school fees; and
·18 August 2021 - [Mrs B]’s Statutory Declaration declared on 18 August 2021.

[2021] AATA 3650

27 August 2021

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Natural Justice

Procedural Fairness

Statutory Construction

Jurisdiction