Alam (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), before the Tribunal. The central dispute was whether the visa applicant was the child of the review applicant, a requirement for meeting the dependent child criteria under the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant met the criteria for being a dependent child, specifically focusing on the child-parent relationship as defined in clause 101.211(1)(c) of Schedule 2 to the Regulations. This involved assessing whether the visa applicant was the child of the review applicant at the time of the visa application and whether this relationship continued to be met at the time of the decision, subject to specific age-related exceptions outlined in clause 101.221(1) or (2)(a).

The Tribunal considered DNA test results, dated 12 March 2021, which indicated a maternity probability of over 99.99 percent between the review applicant and the visa applicant. The Tribunal was satisfied that the testing laboratory was accredited by the National Association of Testing Authorities. Based on this evidence, the Tribunal concluded that the visa applicant was indeed the child of the review applicant, thereby satisfying clause 101.211(1)(c) at both the time of application and the time of decision.

Consequently, 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 child-parent relationship criteria as specified in clauses 101.211(1)(c) and 101.221(2)(a) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.