Lubela (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for review concerning a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The review applicant, Albert Sita Lubela, sought to establish that the visa applicants were his grandchildren and that their parents were deceased, thereby qualifying them as orphan relatives. The Tribunal was required to determine whether the evidence presented sufficiently established that the visa applicants' parents were deceased and that the review applicant was a close relative who could care for them.

The Tribunal's reasoning focused on inconsistencies and credibility issues arising from the evidence provided. The review applicant and Ms. Malonda, who was married to the review applicant, provided conflicting accounts regarding their relationship timeline and their initial contact with the visa applicants. Furthermore, the evidence concerning the death certificates of the visa applicants' parents was also found to be unclear, with explanations provided for the process of obtaining such certificates in the Democratic Republic of the Congo. The Tribunal noted that the oral evidence given by various witnesses, including the visa applicants' grandson, Guy Ndonda, was at times imprecise and potentially affected by translation issues.

Ultimately, the Tribunal found that the evidence did not satisfy the criteria for the grant of a Subclass 117 visa. The lack of clear and consistent evidence regarding the death of the visa applicants' parents, coupled with the identified credibility issues and inconsistencies in the accounts provided by the review applicant and Ms. Malonda, led the Tribunal to conclude that the requirements of the visa subclass were not met. Consequently, the Tribunal affirmed the decisions not to grant the visa applicants the Child (Migrant) (Class AH) visas.