Akek (Migration)

The Administrative Appeals Tribunal affirmed the delegate's decision to cancel the applicant's Subclass AH (Orphan Relative) visa. The applicant, Ms. Encock, sought review of this decision.

The primary legal issue before the Tribunal was whether Ms. Encock was an "orphan relative" of an Australian relative, as defined by the Migration Regulations 1994 (Cth), specifically in relation to the Subclass 117 visa. This required determining if the purported sponsor, an Australian citizen, was indeed the biological aunt of Ms. Encock.

The Tribunal considered evidence including a DNA test result, which indicated it was "unlikely" that the sponsor and Ms. Encock were related as biological aunt and niece. Based on this evidence, the Tribunal concluded that Ms. Encock did not meet the definition of an orphan relative. Consequently, the Tribunal affirmed the delegate's decision to cancel the visa.