Fefey (Migration)

The Administrative Appeals Tribunal considered applications for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas. The applicants were children of the sponsor's brother, and the dispute centred on whether they met the criteria for the visa, particularly concerning their biological or adopted status and the confirmation of familial relationships.

The primary legal issue before the Tribunal was to determine whether the applicants satisfied the requirements of clauses 117.211 and 117.221 of Schedule 2 to the *Migration Regulations 1994* (Cth). These clauses relate to the definition of an orphan relative and the need to establish the familial relationship between the applicant and the sponsor.

The Tribunal's decision involved an assessment of the evidence presented, including the potential need for genetic testing to confirm relationships. Ultimately, the Tribunal remitted the applications for reconsideration for the second, third, and fifth-named applicants, directing that they met the relevant criteria. However, the Tribunal affirmed the decisions not to grant the first and fourth-named applicants their respective visas.