Ali (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a decision not to grant a Child (Migrant) (Class AH) visa to the visa applicant. The review applicant, Ms Abdi Ubah Ali, was the Australian relative in question. The central dispute was whether the visa applicant qualified as an "orphan relative" of Ms Ali under the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant met the criteria for being an orphan relative as defined in regulation 1.14 of the Migration Regulations 1994, both at the time of the visa application and at the time of the Tribunal's decision. Specifically, the Tribunal needed to assess whether the applicant had not turned 18, did not have a spouse or de facto partner, was a relative of an Australian citizen, permanent resident, or eligible New Zealand citizen, could not be cared for by either parent due to their death, permanent incapacity, or unknown whereabouts, and whether there was no compelling reason to believe that granting the visa would not be in the applicant's best interests.

The Tribunal found that the visa applicant met the age requirement (not having turned 18 at the time of application) and the requirement of not having a spouse or de facto partner. However, the Tribunal's reasons indicate that the applicant did not meet the definition of an orphan relative, and therefore the criteria for the Subclass 117 visa were not satisfied. The Tribunal affirmed the decision not to grant the visa.