MUCHIRI (Migration)

This matter concerned an application for a Subclass 117 (Orphan Relative) visa. The applicant, an orphan relative of an Australian relative, sought review of a decision concerning their eligibility for the visa. The sponsor of the application had been appointed guardian of the applicant.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for the Subclass 117 (Orphan Relative) visa, specifically in relation to the familial relationship between the applicant and the sponsor, and the genuineness of supporting documentation. The Tribunal was required to consider evidence including a DNA test, a death certificate for the applicant's mother, and the circumstances surrounding the applicant's father.

The Tribunal found that the DNA test established the relationship between the applicant and the sponsor as maternal aunt and nephew. Furthermore, the Tribunal was satisfied that the death certificate of the applicant's mother was a genuine document, and that the location of the applicant's father was unknown. Given these findings, the Tribunal determined that the applicant met certain criteria for the visa, namely cl.117.211 and cl.117.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the specified criteria for the Subclass 117 (Orphan Relative) visa. The Minister was to consider the remaining criteria for the visa.