Meresa (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative), made by a niece of an Australian sponsor. The applicant's mother had passed away, and her father was physically and mentally incapacitated, rendering him unable to provide care. The sponsor had been providing emotional and financial support to the applicant.

The Tribunal was required to determine whether the applicant met the criteria for an Orphan Relative visa, specifically concerning the death or incapacitation of her parents and the sponsor's eligibility to support her. The core issue revolved around establishing that the applicant was an "orphan relative" as defined by the relevant regulations and that the sponsor met the necessary sponsorship requirements.

The Tribunal found that the applicant met the criteria outlined in clauses 117.211 and 117.221 of Schedule 2 to the Migration Regulations 1994. Consequently, the Tribunal remitted the application to the Minister for further consideration of the remaining visa criteria, directing that the applicant had satisfied these specific orphan relative requirements.