BARAMOTO WALENZELA (Migration)

This matter concerned applications for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas. The first five applicants were nephews and nieces of the review applicant, while the sixth applicant was also a child within the family. The decision under review related to the eligibility of these children for the visa.

The primary legal issues before the Tribunal were whether the first five applicants met the criteria for an Orphan Relative visa, particularly concerning the relationship to their parents and the willingness of a sponsor to care for them, and whether the sixth applicant met the criteria for a Child (Migrant) visa, considering their relationship to the family and the absence of formal adoption.

The Tribunal found that the first five applicants had satisfied the criteria for the Subclass 117 visa, supported by DNA testing confirming their familial relationship and evidence of their parents' deaths, along with a willing sponsor. Consequently, their applications were remitted for reconsideration with a direction that these criteria were met. In contrast, the sixth applicant's DNA results did not indicate a biological relationship, and there was no evidence of adoption, despite the child being raised within the family. Accordingly, the Tribunal affirmed the decision not to grant the sixth applicant a Child (Migrant) visa.