Mustafa (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 101 (Child), made by a young person who had been abandoned at a mosque. The applicant's father could not be located, and while some evidence suggested an ongoing parental relationship, an affidavit purporting to give consent was found to be fraudulent. The Tribunal was required to determine whether the applicant met the relevant criteria for the visa, particularly in light of recent amendments to the law of the applicant's home country and the applicant's attainment of 18 years of age.

The Tribunal's reasoning focused on the impact of the applicant's age and the changes to the home country's law. As the applicant was now 18, a specific criterion related to the law of the home country permitting removal and the consent of the person who could lawfully determine the child's residence no longer applied. The Tribunal found that the applicant met the criteria under cl 101.226 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with the direction that the visa applicant meets the specified criteria for a Subclass 101 (Child) visa. The Minister was to consider any remaining criteria for the visa.