SAHILE (Migration)

The Administrative Appeals Tribunal considered the applications of the visa applicants for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas. The review applicant, who is the grandfather of the visa applicants, sought to have the decision under review remitted. The core of the dispute concerned whether the visa applicants met the definition of 'orphan relatives' for the purposes of the visa subclass.

The primary legal issue before the Tribunal was to determine whether the visa applicants satisfied the criteria for being considered 'orphan relatives' under the relevant regulations. This involved assessing whether their parents were deceased and whether the relationship between the visa applicants themselves, as full siblings, was established.

The Tribunal found that the visa applicants met the definition of 'orphan relatives' as their parents were deceased and the full sibling relationship between them was proven. Consequently, the Tribunal remitted the applications to the Minister for reconsideration, directing that the first named visa applicant met specific criteria, namely cl.117.211 and cl.117.221 of Schedule 2 to the Regulations.