ABEBE (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant sought this visa as the nephew of an Australian relative, who acted as the sponsor. The core of the dispute revolved around the evidence presented to establish the familial relationship between the applicant and the sponsor, and whether the applicant qualified as an "orphan relative" under the relevant regulations.

The Tribunal was required to determine whether the evidence, including DNA testing and verified death certificates of the applicant's parents, sufficiently established the applicant's status as an orphan relative of the sponsor. This involved assessing the credibility of the sponsor and the reliability of the documentary and scientific evidence presented to prove the kinship and the circumstances of the applicant's orphanhood.

The Tribunal found that the evidence, including the verified death certificates of the applicant's parents and the DNA testing results, established that the applicant was indeed the nephew of the sponsor and met the criteria for being an orphan relative. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the visa applicant met the criteria specified in clauses 117.211 and 117.221 of Schedule 2 to the Migration Regulations.