Haydari (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant was the paternal aunt of the visa applicants, whose father had passed away and whose mother's whereabouts were unknown. The decision under review concerned the eligibility of the visa applicants as orphan relatives of an Australian relative.

The primary legal issue before the Tribunal was whether the visa applicants met the criteria for a Subclass 117 (Orphan Relative) visa, particularly in relation to their relationship with their paternal aunt as the sponsoring Australian relative. The Tribunal was required to determine if the circumstances of the applicants' parents satisfied the definition of "orphan relative" as contemplated by the relevant migration regulations.

The Tribunal, having made certain findings (not detailed in the provided text), determined that the appropriate course of action was to remit the visa applications to the Minister for further consideration. This remission was accompanied by a direction that the visa applicants must meet specific criteria outlined in clauses 117.211 and 117.221 of Schedule 2 to the Migration Regulations. The Tribunal's decision was made by Senior Member P. Wood.