Alam (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), where the primary dispute was whether the visa applicant was the dependent child of the review applicant. The decision was made by Member David Crawshay of the Tribunal.

The legal issues before the Tribunal were whether the visa applicant met the criteria for a dependent child under clause 101.211 of Schedule 2 to the Regulations, specifically concerning the child-parent relationship, and whether this criterion continued to be met at the time of the decision as per clause 101.221(2)(a). The Tribunal was required to assess the evidence presented, including a DNA test, to determine the biological relationship between the review applicant and the visa applicant.

The Tribunal considered the requirements of clause 101.211, which mandates that the visa applicant be a dependent child under 25 (or incapacitated for work) and in a relevant child-parent relationship with the sponsor at the time of application and decision. Upon reviewing the results of a DNA test conducted between the review applicant and the visa applicant, which indicated a maternity probability exceeding 99.99 percent and was performed by an accredited laboratory, the Tribunal was satisfied that the visa applicant was indeed the child of the review applicant. Consequently, the Tribunal found that clause 101.211(1)(c) was met at the time of application and continued to be met for the purposes of clause 101.221(2)(a).

Given these findings, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa for reconsideration by the Minister, with a direction that the visa applicant met the specified criteria relating to the child-parent relationship.