KABETO (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, subclass 101, concerning a child sponsored by an Australian citizen. The sponsor claimed to have adopted the child according to recognised custom, taking responsibility for raising her brother's children due to their parents' deaths. The visa applicant was the sponsor's niece.

The primary legal issue before the Tribunal was whether the visa applicant met the criteria for a Child (Migrant) visa, specifically whether she was an "adopted child" of the sponsor. This involved determining if the customary adoption was valid and if formal adoption under Ethiopian law was reasonably practicable, given the alleged cultural and financial barriers and the custom of not pursuing formal adoption. The Tribunal also had to consider the authenticity of the death certificates provided for the visa applicant's parents.

The Tribunal found that the death certificates were not genuine. Furthermore, while the sponsor had taken responsibility for the child in accordance with custom, the Tribunal determined that formal adoption was available under Ethiopian law and that it was reasonably practicable for the sponsor to pursue this. The Tribunal concluded that the criteria for the grant of the visa were not met.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa.