Kanyange (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the application of Ms Kanyange for a Subclass 117 (Orphan Relative) visa. The sponsor for the visa was Ms Kanyange's aunt. The central dispute concerned whether Ms Kanyange met the definition of an 'orphan relative' for the purposes of the visa, specifically whether her parents had died.

The Tribunal was required to determine whether the evidence before it, including new DNA information, sufficiently established that Ms Kanyange's parents had died, thereby satisfying the criteria for the Orphan Relative visa. The Tribunal also had to consider whether the familial relationship between Ms Kanyange and her sponsor, as aunt and niece, was consistent with the visa subclass requirements.

In its reasoning, the Tribunal acknowledged the new DNA evidence which traced the genetic links between the sponsor, Ms Kanyange, and her parents. This evidence, alongside other information indicating the parents had died of injuries, satisfied the Tribunal that Ms Kanyange met the definition of an orphan relative. The Tribunal found that the familial relationship was established and that the visa criteria were met.

Consequently, the Tribunal remitted the decision under review.