Alikhil (Migration)

This matter concerned applications for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas, made by four applicants. The review applicant was the paternal aunt of the visa applicants. The core dispute revolved around whether the visa applicants met the criteria for being considered "orphan relatives" as defined by the Migration Regulations 1994. The decision was made by Peter Emmerton, a Member of the Tribunal.

The legal issues before the Tribunal were whether the four visa applicants met the requirements of cl 117.211 and cl 117.221 of Schedule 2 to the Regulations, specifically by satisfying the definition of an "orphan relative" under Regulation 1.14. This required determining if each applicant was under 18, had no spouse or de facto partner, was a relative of the review applicant, and could not be cared for by either parent due to their death, permanent incapacity, or unknown whereabouts. Additionally, the Tribunal had to consider whether granting the visa would be in the best interests of each applicant.

The Tribunal found that a substantial body of additional evidence strongly suggested or demonstrated the familial connection between the visa applicants and the review applicant, their paternal aunt. Evidence presented, including a death certificate for the applicants' father, indicated that the applicants' parents were deceased. The Tribunal considered all evidence presented in an open, honest, and cooperative manner. Based on these findings, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for Child (Migrant) (Class AH) visas for reconsideration. It directed that the four named visa applicants met the criteria for a Subclass 117 (Orphan Relative) visa, specifically cl 117.211 and cl 117.221 of Schedule 2 to the Regulations.