Agboola (Migration)

The Administrative Appeals Tribunal (the Tribunal) affirmed a decision to refuse a Child (Migrant) (Class AH) visa (subclass 101). The applicant sought review of this refusal. The core of the dispute concerned the applicant's biological mother, whose consent was required for the visa application as she was a lawfully determined parent. The applicant claimed the mother was deceased, but the Tribunal found the evidence provided to support this claim, including a death certificate and court record, to be non-genuine.

The Tribunal was required to determine whether the applicant had discharged the onus of proving that the biological mother was deceased, and consequently, whether the requirement for her consent to the visa application had been met. This involved assessing the authenticity and reliability of the documentary evidence presented by the applicant.

The Tribunal's reasoning focused on the significant discrepancies and inconsistencies within the provided death certificate and court record, leading to the conclusion that they were not genuine. This failure to establish the mother's death meant the applicant could not satisfy the visa requirements concerning parental consent. The Tribunal applied the principles of evidence and the onus of proof in migration matters, finding that the applicant had not discharged their burden.

The Tribunal affirmed the delegate's decision to refuse the visa.