Madhek (Migration)

This matter concerned an appeal by the visa applicants, Master Pabek Dungu and Master Khairalseed Dungu, against decisions not to grant them Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative). The core of the dispute revolved around whether the visa applicants were "orphan relatives" of an Australian relative, as required by the Migration Regulations 1994. The decision was made by a member of the Tribunal.

The Tribunal was required to determine whether the visa applicants met the criteria for an orphan relative visa, specifically whether they were a relative of an Australian relative and whether they qualified as an "orphan relative" under the relevant regulations. This involved assessing the claimed relationship between the visa applicants and Ms. Cholok Ramdan Madhek, who was identified as the Australian relative. A key issue was whether Ms. Madhek was the half-sister of the visa applicants' mother, Napisa Madhek.

The Tribunal affirmed the delegate's decisions, finding that the visa applicants had not established the required familial relationship. The delegate had been unconvinced that Ms. Madhek was the half-sister of Napisa Madhek, and therefore, the visa applicants were not considered relatives of Ms. Madhek. Furthermore, in relation to the second visa applicant, the Tribunal noted that Ms. Madhek had not declared Napisa Madhek as a sibling when she herself was granted a visa, casting doubt on the claimed half-sibling relationship. Consequently, the Tribunal concluded that the criteria for the Subclass 117 visa were not met.