Asghari (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by the applicant, Asghari, concerning the refusal of Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas. The core of the dispute revolved around the applicant's ability to satisfy the visa criteria, particularly in relation to establishing their age and familial relationships due to conflicting documentary evidence.

The primary legal issue before the Tribunal was whether the applicant had met the requirements for the Subclass 117 visa. This involved assessing the reliability of the provided documentation, including passport and tazkera details, and a family Koran, to definitively determine the applicant's age and confirm their status as an orphan relative. The Tribunal also had to consider the implications of the mother's incapacity on the evidence presented.

The Tribunal found that the conflicting information regarding the applicant's age, stemming from various documents, rendered it impossible to satisfy the evidentiary requirements for the visa. The inconsistencies meant that the applicant had not discharged the onus of proof to establish that they met the criteria for the Subclass 117 visa. No claims were advanced in relation to other visa subclasses within Class AH.

Consequently, the Tribunal affirmed the decisions not to grant the visa applicants the Child (Migrant) (Class AH) visas.