Koryon (Migration)

This matter concerned a review by the Tribunal of a decision not to grant a Child (Migrant) (Class AH) visa, subclass 101, to Angel Sangay Koryon. The review applicant, who claimed to be the biological father of the visa applicant, sought to establish that the visa applicant met the "dependent child" requirements under cl.101.211 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the visa applicant was the biological child of the review applicant, as required by the definition of "child" under s.5CA of the Migration Act 1958 (Cth), which incorporates the definition from the Family Law Act 1975 (Cth). This definition requires the child to be the biological progeny of both nominated parents.

The Tribunal considered DNA testing results from two separate accredited laboratories, which excluded the review applicant as the biological father of the visa applicant. The review applicant's explanations for these results, including environmental factors, lifestyle changes, toxins, or supernatural influences, were found to be speculative and unsupported by evidence. While the mother of the visa applicant and her mother testified that the review applicant was the father, the Tribunal found this evidence insufficient to outweigh the DNA test results. Consequently, the Tribunal affirmed the decision not to grant the visa, as the criteria for a subclass 101 visa were not met.