Biyo (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Biyo for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The applicants were Ms Biyo's nephews, and the dispute centred on their eligibility for the visa, which requires applicants to be under 18 years of age. The core of the issue was the conflicting birth dates provided for the nephews, with one set of documents indicating they were over 18 and another indicating they were under 18. The visa criteria also require that the applicants' parents be dead, permanently incapacitated, or of unknown whereabouts.

The Tribunal was required to determine whether the applicants met the age requirement for the Subclass 117 visa, given the contradictory birth documentation. Furthermore, the Tribunal had to assess whether the applicants' parents were deceased, permanently incapacitated, or of unknown whereabouts, in light of concerns about the genuineness of provided death certificates. The Tribunal also considered the best interests of the children and relevant country information in its determination.

In its reasoning, the Tribunal noted the lack of independent and credible evidence to support the younger birth dates. The death certificates for the applicants' parents were found not to be genuine, and the limited knowledge of the review applicant (Ms Biyo's brother) regarding these documents further diminished their credibility. The Tribunal found that the evidence did not establish that the applicants met the age requirement or that their parents were deceased. Consequently, the Tribunal affirmed the decision under review.