Juge (Migration)

The Administrative Appeals Tribunal considered the applications of a child seeking a Subclass 117 (Orphan Relative) visa. The dispute arose after the Department of Home Affairs, through its Visa Integrity Unit in Nairobi, provided new evidence to the Tribunal regarding the genuineness of documents submitted by the applicant. This new evidence included a court order concerning the custody of the applicants and two death certificates for the applicant's parents, which had been verified as genuine by the International Organisation for Migration.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 117 visa, specifically in light of the newly verified documentation concerning the death of their parents. The Tribunal was required to determine if the provided death certificates, now confirmed as genuine by an independent international authority, satisfied the requirements for establishing the applicant's orphan status under the relevant migration regulations.

The Tribunal reasoned that the verification of the death certificates by the International Organisation for Migration constituted significant new evidence. Being satisfied that this independent verification confirmed the death of the applicant's parents, the Tribunal concluded that the criterion for the Subclass 117 visa, as outlined in Regulation 1.14(b) and clause 117.211 of Schedule 2 to the Regulations, was met. Consequently, the Tribunal remitted the visa applications for reconsideration.