Ahmed Hussein (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding applications for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas. The applicants sought to establish that they met the criteria for being "orphan relatives" of an Australian relative, Mr. Abdi Ahmed Hussein. The core of the dispute revolved around whether the applicants satisfied the requirements of the Migration Regulations 1994, particularly concerning their age and the inability to be cared for by their parents.

The Tribunal was required to determine whether each of the three visa applicants met the criteria for an orphan relative as defined by the Regulations. Specifically, the issues were whether the first and third applicants met Regulation 1.14(a)(i) (not having turned 18) and Regulation 1.14(b) (inability to be cared for by parents), and whether the second applicant met Regulation 1.14(b). The Tribunal also had to consider whether these criteria continued to be met at the time of the decision, as per Clause 117.221.

The Tribunal found that the visa applicants were each an orphan relative of the Australian relative at the time of application and continued to be so at the time of the decision, thus satisfying Clause 117.211(a). While adverse findings had been made regarding the age of the first and third applicants by the original delegate, the Tribunal considered documentary evidence, including school letters, a court order, birth certificates, and passports, which supported the applicants' claimed dates of birth and indicated they had not turned 18 at the time of application. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first and third applicants met the criteria under Regulation 1.14(a)(i) and (b), and the second applicant met the criteria under Regulation 1.14(b).