Bayissa (Migration)

The Administrative Appeals Tribunal considered the case of Habtamu Kebede Benti, the applicant, and Ms Amarech Benti Bayissa, the sponsor, concerning an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The central dispute revolved around whether the applicant met the age requirement stipulated for an orphan relative visa.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the definition of an "orphan relative" as defined in regulation 1.14 of the Migration Regulations 1994, specifically the requirement that the applicant must not have turned 18 years of age at the time of application. This criterion was crucial for the applicant to be eligible for the Subclass 117 visa.

The Tribunal's reasoning focused on conflicting evidence regarding the applicant's date of birth. While the applicant's birth certificate and his own attestations indicated a birth date in February 2002, making him under 18 at the time of application, school records suggested a different, earlier birth date. The Tribunal found the applicant's claimed birth date of 2002 to be improbable, noting that it would imply he commenced primary school at an unusually young age and was significantly younger than his peers. The Tribunal also noted that the school had advised that the applicant had sought to amend his records to reflect the birth certificate's date. Applying the principle that all criteria must be met at the time of application, and finding the evidence supporting the 2002 birth date to be unreliable, the Tribunal concluded that the applicant did not meet the age requirement.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Child (Migrant) (Class AH) visa, Subclass 117, as the criteria for the visa were not met.