Kamara (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, subclass 101. The applicant for review was seeking the grant of this visa for a child who was not their biological child.

The primary legal issue before the Tribunal was whether the child met the criteria for the grant of a Subclass 101 visa. This involved assessing the relationship between the applicant and the child, particularly in light of a DNA result indicating they were not biologically related, and whether any compassionate or compelling circumstances existed to warrant an exception.

The Tribunal affirmed the decision not to grant the visa because the criteria for the Subclass 101 visa were not met. No claims were advanced in respect of other visa subclasses within Class AH, namely Subclass 102 and Subclass 117. Consequently, the Tribunal affirmed the original decision to refuse the visa.