Gizaw (Migration)

This matter concerned an application for a Child (Migrant) (Class AH) visa, specifically Subclass 117 (Orphan Relative), before the Administrative Appeals Tribunal. The applicant sought to establish that the visa applicant was her full or half-brother. The core of the dispute revolved around the lack of original birth certificates and the presence of inconsistent and inconclusive documentation and evidence presented by the applicant.

The Tribunal was required to determine whether the visa applicant was a relative of the review applicant, specifically a full or half-brother, as required by the Migration Regulations 1994 for an Orphan Relative visa. This determination was complicated by the absence of definitive proof of parentage and the conflicting information provided by the applicant.

The Tribunal considered the oral and written evidence provided by the review applicant, which included statements about her parents and the circumstances of the visa applicant's birth and upbringing. Crucially, the Tribunal also considered DNA test results, which indicated it was unlikely the individuals were half-siblings and very unlikely they were full siblings. The Tribunal noted that no response was provided to its invitation for the applicant to comment on the DNA test results. Applying the criteria for the Subclass 117 visa, the Tribunal concluded that the evidence did not establish the required familial relationship.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa, finding that the criteria for the visa were not met.