Said Ali (Migration)

This matter concerned a review of a decision concerning a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The review applicant sought to have the visa granted to the visa applicant, who claimed to be his nephew. The primary concern raised by the delegate was the lack of verifiable documentary evidence confirming the death of the visa applicant's parents, and an inconsistency between the visa applicant's age and school records.

The Tribunal was required to determine whether the visa applicant met the criteria for an orphan relative under the Migration Regulations 1994. Specifically, the Tribunal needed to assess if the visa applicant was under 18, a relative of an Australian citizen, and if both parents were deceased or their whereabouts unknown, such that the applicant could not be cared for by them. The Tribunal also had to consider whether there was any compelling reason not to grant the visa in the best interests of the applicant.

The Tribunal found that the review applicant was indeed an Australian relative of the visa applicant, supported by DNA evidence confirming a 99.98% probability of a familial relationship and the review applicant's Australian citizenship certificate. Crucially, the Tribunal accepted the oral evidence of the review applicant, the visa applicant, and other witnesses as candid, consistent, and credible. This oral evidence, combined with documentary evidence, satisfied the Tribunal that the visa applicant's parents were deceased and that the visa applicant could not be cared for by them.

Consequently, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa for reconsideration. The Tribunal directed that the visa applicant met the criteria specified in cl.117.211 and cl.117.221 of Schedule 2 to the Regulations.