Mekuria (Migration)

The Administrative Appeals Tribunal considered the applications of the visa applicants for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas. The dispute concerned whether the applicants met the criteria for this visa subclass, given that their parents were deceased and they were relatives of the sponsor.

The Tribunal was required to determine whether the visa applicants met the criteria set out in clauses 117.211 and 117.221 of Schedule 2 to the *Migration Regulations 1994* (Cth) for a Subclass 117 (Orphan Relative) visa. These clauses relate to the genuine identity of the applicants and their relationship to the sponsor.

The Tribunal found that the visa applicants met the criteria for the visa. Consequently, the Tribunal remitted the applications to the Minister for reconsideration, with the direction that the visa applicants meet the specified criteria for the Subclass 117 (Orphan Relative) visa.