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, describing the child as their niece whom they took responsibility for raising following the death of their brother. The core of the dispute revolved around whether this customary adoption met the requirements for the visa, particularly in light of the availability of formal adoption under Ethiopian law and the sponsor's assertion that pursuing formal adoption was not reasonably practicable due to cultural and financial barriers, as well as a custom of not pursuing formal adoption.

The Tribunal was required to determine whether the visa applicant met the criteria for the grant of a Class AH visa, specifically whether the applicant was an "adopted child" of the sponsor. This involved assessing whether the customary adoption was recognised for the purposes of the visa, and if the sponsor's inability to pursue formal adoption was a result of circumstances that made it not reasonably practicable. Furthermore, the Tribunal had to consider the authenticity of the provided death certificates for the visa applicant’s parents, as these were crucial to establishing the applicant's status as an orphan relative.

In its reasoning, the Tribunal found that the criteria for the visa were not met. The Tribunal concluded that the death certificates were not genuine, which undermined the claim that the child was an orphan relative. While acknowledging the sponsor's assertion of customary adoption and the claimed barriers to formal adoption, the Tribunal ultimately affirmed the decision not to grant the visa. The Senior Member, Kira Raif, affirmed the Tribunal's decision.