Kanyange (Migration)

The Administrative Appeals Tribunal (Cth) considered the application of Kanyange for a Subclass 117 (Orphan Relative) visa. The sponsor, who was the applicant's maternal aunt, sought to establish that the applicant met the definition of an "orphan relative" for the purposes of the visa. The primary dispute concerned whether the applicant's parents had died and whether the sponsor was therefore eligible to sponsor him.

The Tribunal was required to determine whether the applicant qualified as an "orphan relative" under the Migration Regulations 1994 (Cth). This involved assessing whether the applicant's parents were deceased and whether the sponsor was a relative of the applicant who could satisfy the criteria for sponsorship. A key issue was the admissibility and weight of new evidence, specifically DNA information, presented to establish the genetic relationship between the sponsor, the applicant, and the applicant's parents.

The Tribunal found that the DNA evidence, which traced genetic links between the sponsor and the applicant and his parents, established that the sponsor was the applicant's half aunt and the applicant was her nephew. The Tribunal was satisfied, based on this evidence and other information, that the applicant's parents had died from injuries sustained. Consequently, the Tribunal concluded that the applicant met the definition of an "orphan relative" as defined in the Migration Regulations. The decision under review was remitted.