Habtu (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The dispute concerned whether the visa applicant met the criteria for this visa subclass, including being a "relative" of the review applicant and being unable to be cared for by a parent.

The Tribunal was required to determine whether the visa applicant was a relative of the review applicant, whether the applicant could not be cared for by a parent (given the mother's death and the father's inability to be located or provide care), and whether the grant of the visa would be in the best interests of the child.

The Tribunal found that there was consistent evidence as to the identity of the applicant and that the applicant could not be cared for by a parent. It also found no reason to suspect that granting the visa would be adverse to the interests of the child. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the visa applicant met the criteria under cl.117.211 and cl.117.221 of Schedule 2 to the Regulations.