Fayazi (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant's sponsor had not declared the applicant as a sibling on a UNHCR form and visa applications, despite other documents indicating a sibling relationship. The applicant faced difficulties in obtaining DNA testing in their home country, and there were inconsistencies in the evidence presented regarding the deaths of the applicant's parents. Additional evidence was subsequently provided to the Tribunal.

The Tribunal was required to determine whether the evidence presented sufficiently established the sibling relationship between the applicant and the sponsor, and whether the applicant met the criteria for the Subclass 117 visa, particularly in light of the inconsistencies and difficulties in obtaining definitive proof. The Tribunal also had to consider the impact of the sponsor's initial failure to declare the sibling relationship on the application.

The Tribunal found that, despite the initial inconsistencies and the challenges with DNA testing, the additional evidence provided was sufficient to establish the sibling relationship for the purposes of the visa application. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria specified in cl 117.211 and cl 117.221 of Schedule 2 to the Regulations. The Minister was directed to consider the remaining criteria for the visa.