Mansaray (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The applicant sought to establish that they were an orphan relative of an Australian relative, specifically a half-sister. The core of the dispute revolved around whether the applicant met the definition of an "orphan relative" as defined by the Migration Regulations 1994, particularly concerning the familial relationship.

The Tribunal was required to determine whether the applicant qualified as an orphan relative of an Australian relative under clause 117.211 of Schedule 2 to the Migration Regulations. This involved interpreting the terms "brother" and "sister" within the context of the Regulations and considering whether these terms encompassed "half-brother" and "half-sister." The Tribunal also had to assess the evidence, including DNA test results, to establish the nature of the sibling relationship between the applicant and their alleged half-sister.

The Tribunal reasoned that the terms "brother" and "sister" should be interpreted expansively to include "half-brother" and "half-sister," drawing support from previous judicial decisions such as *Mercado v MIAC* and *Claridge v MIBP*. These cases established that a broad approach to familial relationships is appropriate in migration law. The DNA test results indicated a "likely" first-degree relative relationship and a "very likely" second-degree relative relationship between the applicant and their alleged half-sister, and between the alleged half-sister and the caregiver. Given the established judicial interpretation and the DNA evidence, the Tribunal concluded that the applicant met the criteria for being an orphan relative.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant meets the criteria specified in clauses 117.211, 117.212, and 117.221 of Schedule 2 to the Regulations.