DORE (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant's eligibility for this visa was before the Tribunal for determination.

The central legal issue was whether the applicant met the criteria for the Subclass 117 (Orphan Relative) visa, particularly concerning the requirement for the applicant to be in the daily care and control of a parent or eligible relative, and whether the applicant's mother was deceased or permanently incapacitated. The Tribunal was also required to consider the weight to be given to school records and the credibility of witnesses.

The Tribunal found that the applicant met the criteria specified in cl.117.211 and cl.117.221 of Schedule 2 to the Regulations. This finding was based on evidence that the applicant's mother was reported missing, and the Tribunal was satisfied that the applicant was in the daily care and control of an eligible person. The Tribunal also accepted the evidence presented, including school records, and found the witness to be truthful.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the specified criteria for the Subclass 117 (Orphan Relative) visa.