Misago (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant, a niece of an Australian relative, had her application reviewed by the Tribunal. The core of the dispute involved the sponsor's previous visa application, where siblings of the applicant were not declared.

The Tribunal was required to determine whether the applicant met the criteria for an Orphan Relative visa, particularly in light of the undisclosed information in the sponsor's prior application and the need for DNA testing to confirm the deceased status of the applicant's parents.

The Tribunal found that the applicant met certain criteria for the Subclass 117 visa, specifically clauses 117.211 and 117.221 of Schedule 2 to the Regulations. Given these findings, the Tribunal remitted the application to the Minister for reconsideration, directing that the applicant be considered to meet these specified criteria.