Abraha (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 101 (Child) visa. The applicant sought to establish a parent-child relationship with the sponsor, which was a key criterion for the visa.

The central legal issue before the Tribunal was whether the applicant met the definition of a "dependent child" for the purposes of the Subclass 101 visa. This required the Tribunal to determine if a genuine biological parent-child relationship existed, or if alternative grounds such as adoption were established, and whether the applicant's belief in such a relationship was sufficient in the absence of biological proof.

The Tribunal's reasoning focused on the evidence presented, particularly DNA testing, which indicated no biological relationship between the applicant and the sponsor. The Tribunal found no evidence to support a claim of adoption or any other basis for establishing the required parent-child relationship. Consequently, the Tribunal concluded that the criteria for the grant of the Subclass 101 visa were not met, and no claims were advanced in respect of other visa subclasses within Class AH.

The Tribunal affirmed the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa.