Mabeny (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicants were children seeking to migrate to Australia, and the sponsor was a relative who financially supported them. The core of the dispute concerned whether the applicants met the criteria for an orphan relative visa, particularly in relation to the death or permanent incapacitation of their parents.

The Tribunal was required to determine whether the applicants satisfied the requirements of Regulation 1.14(b) and (c) as they applied to clauses 117.211 and 117.221 of Schedule 2 to the Migration Regulations. These provisions relate to the definition of an orphan relative and the circumstances under which a child can be considered for this visa subclass.

The Tribunal found that the first named visa applicant met the specified criteria. Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, with the direction that the applicants satisfy the relevant criteria for the Subclass 117 (Orphan Relative) visa. The Minister is now to consider the remaining criteria for the visa.