ABEBE (Migration)

This matter concerned 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 was the sponsor. The core of the dispute revolved around the evidence presented to establish the familial relationship between the applicant and the sponsor, and the applicant's orphan status.

The Tribunal was required to determine whether the evidence, including DNA testing, sufficiently established that the sponsor was the half-uncle of the visa applicant. Furthermore, the Tribunal needed to consider the validity of a guardianship order and verify the death certificates of the visa applicant's parents. The credibility of the sponsor was also a factor in the assessment of the application.

The Tribunal found that the evidence, including the DNA testing, sufficiently established that the sponsor was the half-uncle of the visa applicant, and that the death certificates of the applicant's parents were verified. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the visa applicant met the criteria under cl.117.211 and cl.117.221 of Schedule 2 to the Regulations.