Eworho (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101, made by a 13-year-old applicant residing in Ghana, sponsored by her mother who is an Australian resident. The dispute arose from the Department's concerns regarding the claimed parent-child relationship, despite the submission of a birth certificate and a statement from the applicant's paternal aunt.

The Tribunal was required to determine whether the visa applicant met the criteria for a Subclass 101 (Child) visa, specifically concerning the relationship with the sponsor and the applicant's dependency. Key issues included the credibility of the evidence presented, the sponsor's financial support for the applicant, and the plausibility of the family's circumstances, particularly in light of missing documentary evidence and the sponsor's family connections in Australia.

The Tribunal found the sponsor and her father to be honest and credible witnesses, accepting their oral evidence as consistent with available documentation. It noted that the sponsor had provided a birth certificate indicating her as the mother and the applicant's father as the informant, and that the sponsor financially supported the applicant. While some documentary evidence was missing, the Tribunal considered the sponsor's explanation for this, her family ties in Australia, and the father's consent to the visa application to be plausible.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met specific criteria related to being the dependent child of an Australian citizen or permanent visa holder, and satisfied public interest criteria.