Okpiaifo (Migration)

The Administrative Appeals Tribunal considered a Child (Migrant) (Class AH) visa application, Subclass 101. The dispute concerned the identity of the visa applicant and whether they met the criteria for applicants over 18 years of age. The applicant sought review of a decision made by the delegate.

The Tribunal was required to determine whether the visa applicant's identity could be established, particularly in light of discrepancies in their name. Furthermore, the Tribunal had to assess whether the visa applicant met the specific requirements outlined in clauses 101.213 and 101.221(2)(b) of the Migration Regulations 1994, which apply to applicants who have turned 18 at the time of application. These criteria include requirements relating to relationship status, engagement in full-time work, and undertaking full-time study or being incapacitated for work.

The Tribunal accepted DNA evidence establishing the biological relationship between the review applicant and the visa applicant, and also accepted written and oral statements that explained the variations in the visa applicant's name. Based on this evidence, the Tribunal was satisfied as to the identity of the visa applicant. The Tribunal also found that the visa applicant met the criteria under clause 101.213(1)(a) and (b) regarding not being engaged to be married or having a spouse or de facto partner, and not being engaged in full-time work, both at the time of application and at the time of the decision.

Consequently, the Tribunal remitted the matter to the Minister for reconsideration, with a direction that the visa applicant met the criteria specified in clauses 101.213 and 101.221(2)(b) of Schedule 2 to the Migration Regulations 1994.