Ampomah (Migration)

This matter concerned a review of two decisions made by a delegate of the Minister for Home Affairs to refuse Child (Migrant) (Class AH) visas (Subclass 117, Orphan Relative) to Miss Sarah Obeng Danso and Master Bright Tweneboah Danso. The visa applicants, nationals of Ghana, were sponsored by their aunt, Mrs Sandra Joan Ampomah, an Australian citizen. The delegate refused the applications on the basis that the relationship between the sponsor and the visa applicants had not been sufficiently proven.

The primary legal issue before the Tribunal was whether the sponsor, Mrs Ampomah, was a "relative" of the visa applicants, as required by the Migration Regulations 1994 (Cth) for the grant of an Orphan Relative visa. Specifically, the Tribunal had to determine if Mrs Ampomah, an Australian citizen, was an "Australian relative" and if the visa applicants were "orphan relatives" of hers, satisfying the criteria under clause 117.211 and regulation 1.14 of the Regulations. This involved assessing whether the sponsor was the half-sister of the visa applicants' deceased mother, thereby establishing her as the visa applicants' aunt.

The Tribunal considered the evidence presented, including statutory declarations and birth certificates. While the sponsor provided evidence of her own mother's identity and that this mother was also the mother of the visa applicants' deceased mother, there was a lack of direct evidence proving the maternal link between the sponsor and the visa applicants' mother. The Tribunal noted that the definition of "relative" includes an aunt or uncle, and an "Australian relative" is a relative who is an Australian citizen. The Tribunal found that the visa applicants met the age and spousal requirements for an orphan relative. However, the crucial element of proving the familial relationship between the sponsor and the visa applicants remained insufficiently established.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The delegate's decisions to refuse the visa applications were set aside, and the applications were to be reconsidered by the delegate, with a focus on obtaining further evidence to establish the claimed familial relationship.