Mohamed (Migration)

The Administrative Appeals Tribunal considered a decision concerning applications for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative). The applicant sought to establish that they were an orphan relative of an Australian relative, Ms Ayantu Tofik Mohamed. The core of the dispute revolved around whether the applicant met the definition of an "orphan relative" as defined in the Migration Regulations 1994, and whether the applicant was a "relative" of the Australian citizen.

The Tribunal was required to determine if the visa applicant satisfied the criteria for an orphan relative visa, specifically whether the applicant was an orphan relative of an Australian relative at the time of application and at the time of the decision. This involved assessing whether the applicant was under 18, not in a relationship, and a relative of an Australian citizen, permanent resident, or eligible New Zealand citizen. Furthermore, the Tribunal had to consider if the applicant's parents were deceased, permanently incapacitated, or of unknown whereabouts, and if granting the visa would be in the applicant's best interests.

The Tribunal found that the applicant had not provided sufficient evidence to establish the claimed relationship with the Australian relative. Limited documentary evidence, including photographs and a translated court document, was submitted. The photographs were given little weight due to a lack of authentication, and the court document was deemed unhelpful as it did not name the applicant or establish the claimed familial link. The Tribunal also noted that a request for additional time to provide further documents and DNA evidence was not granted. Consequently, the Tribunal concluded that the criteria for the Subclass 117 visa were not met.

The Tribunal affirmed the decision not to grant the Child (Migrant) (Class AH) visas to the applicants.