ABEBE (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative), made by a visa applicant who was the niece of the sponsor. The core of the dispute concerned whether the visa applicant met the criteria for an orphan relative, specifically whether she was the child of a deceased parent and whether the sponsor was her half-uncle. Evidence, including DNA testing and verified death certificates of the applicant's parents, was presented to establish the familial relationship and the deceased status of the parents.

The Tribunal was required to determine whether the visa applicant satisfied the criteria for an orphan relative under the Migration Regulations, particularly in relation to the relationship with the sponsor and the death of her parents. The Tribunal also had to assess the credibility of the sponsor and the evidence presented to support the application.

The Tribunal found that the visa applicant met the criteria relating to her relationship with the sponsor, identified as her half-uncle, and that the death certificates of her parents were verified. Consequently, the Tribunal remitted the application to the Minister for reconsideration, directing that the visa applicant met specific criteria for the Subclass 117 visa, namely cl.117.211 and cl.117.221 of Schedule 2 to the Regulations.