Mbuzukongira (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant's maternal aunt was the sponsor, and the applicant had been cared for by their grandparents. However, the grandparents were unable to continue caring for the applicant due to their advanced age and security concerns, and the whereabouts of the applicant's parents were unknown.

The Tribunal was required to determine whether the visa applicant met certain criteria for the Subclass 117 (Orphan Relative) visa, specifically clauses 117.211 and 117.221 of Schedule 2 to the Migration Regulations 1994. These clauses relate to the definition of an "orphan relative" and the circumstances under which a child can be considered to have no living parents or to be unable to be cared for by their parents.

The Tribunal found that the visa applicant met the criteria specified in clauses 117.211 and 117.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with the direction that the visa applicant met these particular criteria. The Minister was then to consider the remaining criteria for the grant of the visa.