Fikak (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600. The dispute centred on whether the visa applicant, the mother, was a "close relative" of the review applicant, the son, as defined by Regulation 1.03 of the Migration Regulations 1994. The review applicant, who had fled persecution in Eritrea, sought to have his mother visit him in Australia, but due to financial constraints, it was more viable for her to travel to Australia than for him to travel to Sudan where she resided.

The primary legal issue before the Tribunal was to establish the mother-son relationship between the visa applicant and the review applicant. This involved assessing the evidence presented to demonstrate their familial connection, particularly in light of the review applicant's inability to return to Eritrea and the significant expense associated with family visits to Sudan.

The Tribunal considered various pieces of evidence. It noted the review applicant's testimony regarding regular financial transfers made to his mother between 2011 and 2017, evidenced by remittance statements. The Tribunal also examined the review applicant's marriage certificate from 2005, which identified the visa applicant as his mother. While a photograph was provided showing family members, including the visa applicant and review applicant, the Tribunal found it lacked the expertise to definitively identify the visa applicant as the mother based on the varying quality and age of the photographs. However, the Tribunal was satisfied, based on the totality of the evidence, that the visa applicant and the review applicant were mother and son.

Consequently, the Tribunal concluded that the visa applicant met the definition of a "close relative" under Regulation 1.03. The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with a direction that the visa applicant satisfies clause 600.232(2)(a) of the Migration Regulations 1994.