Ernst (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 102 (Adoption) visa. The applicant sought review of a decision concerning whether the local laws relating to adoptions had been complied with, and whether the circumstances met the requirements of a customary adoption. The decision was made by Senior Member Kira Raif.

The primary legal issue before the Tribunal was to determine whether the adoption circumstances satisfied the relevant legal requirements for the visa subclass. This involved an assessment of compliance with local adoption laws and the characterisation of the adoption as a customary adoption.

The Tribunal found that the visa applicant met the criteria specified in cl.102.213 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with the direction that the applicant meets the aforementioned criteria. The matter was remitted to allow for consideration of the remaining criteria for the visa.