Hassen (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative), for the visa applicant. The review applicant, an Australian relative, sought to sponsor the visa applicant. The core dispute revolved around whether the visa applicant qualified as an "orphan relative" under the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant met the criteria for being an orphan relative of an Australian relative at the time of application and at the time of the decision. This involved assessing whether the visa applicant's parents were deceased, permanently incapacitated, or of unknown whereabouts, and whether the visa applicant was a relative of the Australian sponsor.

The Tribunal affirmed the decision to refuse the visas, finding that the visa applicant did not meet the definition of an orphan relative. While the Tribunal accepted that the visa applicant's mother had died, it was not satisfied that the visa applicant's father was deceased. This was due to a lack of official documentation, such as a death certificate and burial records, despite requests for such evidence. The Tribunal gave little weight to a guardianship order issued by an Ethiopian court, as it was based on witness testimony rather than official records, and the review applicant had failed to provide the requested supporting documents. The Tribunal concluded that the lack of satisfactory evidence regarding the father's death meant the primary criteria for the Subclass 117 visa were not met.