AWAN (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 117 (Orphan Relative) visa. The applicant sought review of a delegate's decision to refuse the visa. The core of the dispute concerned whether the applicant met the definition of an "orphan relative" of an Australian relative, which involved questions of the applicant's identity and age, as well as the credibility of evidence provided by the sponsor.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the grant of the Subclass 117 visa, specifically whether the applicant was an orphan relative of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. This involved assessing conflicting evidence presented regarding the applicant's age and identity, and evaluating the reliability of the information provided by the sponsor.

In reaching its decision, the Tribunal considered the evidence before it, including conflicting accounts of the applicant's age and identity. The Tribunal found that the evidence did not satisfy the delegate, and consequently the Tribunal, that the applicant met the essential criteria for the visa. The Tribunal affirmed the delegate's decision not to grant the visa.