Duot (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 117 (Orphan Relative) visa. The applicant sought to have the decision not to grant the visa reviewed.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the Subclass 117 visa. This involved determining whether the applicant's parents were deceased, whether the applicant had correctly identified their siblings, and assessing the credibility of the information provided in the visa application.

The Tribunal found that there was insufficient evidence to establish the deaths of the visa applicants' parents, a crucial requirement for an orphan relative visa. Furthermore, the applicant failed to identify their siblings and provided incorrect information in the application forms, raising significant credibility concerns. Consequently, the Tribunal was not satisfied that the criteria for the visa were met.

The Tribunal affirmed the decisions not to grant the visa applicants Child (Migrant) (Class AH) visas.