Farah (Migration)

The Administrative Appeals Tribunal affirmed decisions not to grant Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative), to the applicants. The dispute centred on whether the applicants met the criteria for this visa subclass, which requires proof of orphanhood and a specific relationship to the sponsor.

The primary legal issue before the Tribunal was whether the applicants had satisfied the requirements for the Subclass 117 visa, particularly concerning their age at the time of application and the establishment of the requisite familial relationship. This involved assessing the evidence presented to demonstrate that the applicants were indeed orphans and that their parents were deceased or their whereabouts unknown, as required by the visa regulations.

The Tribunal's reasoning focused on the lack of sufficient evidence to establish the applicants' eligibility. Crucially, there was no proof of the relationship between the applicants and their alleged parents, nor were birth certificates or death records provided. While witness declarations were submitted, and the absence of a formal record-keeping system was noted, these were deemed insufficient to overcome the evidentiary deficiencies. The Tribunal concluded that the criteria for the visa were not met, and no claims were advanced in respect of other visa subclasses within Class AH.