Sheriff (Migration)

This matter concerned applications for a Subclass 117 (Orphan Relative) visa made by three applicants. The applicants claimed to be the nephew and nieces of Ms Sheriff, an Australian citizen. The core of the dispute was whether the applicants met the criteria for an orphan relative, specifically whether they were related to Ms Sheriff and whether their parents were deceased or missing. The Administrative Appeals Tribunal was required to determine if the applicants were indeed relatives of Ms Sheriff and if they qualified as orphan relatives under the Migration Regulations.

The Tribunal was tasked with determining the familial relationships between the applicants and Ms Sheriff, and whether the applicants' parents were deceased or their whereabouts unknown. This involved assessing the evidence presented, including birth certificates, death certificates, and DNA test results, to establish the claimed relationships and the status of the applicants' parents. A key legal issue was whether the Tribunal had jurisdiction to consider the applications, which depended on the applicants being related to Ms Sheriff and thus forming a family unit for the purpose of combined applications.

The Tribunal found that the death certificate for the applicants' mother, Esther Wesseh, was genuine and that she was deceased. It also found that the applicants' father, Jerry Mulbah, had been missing since 2006 and, given the passage of time, a presumption of death applied. However, the evidence regarding the relationship between the applicants and Ms Sheriff was inconclusive for two of the applicants. DNA testing confirmed that another claimed sibling was a half-niece to Ms Sheriff, and that individual had been granted a visa. The Tribunal found that one applicant, Josephine, was likely the half-sister of the half-niece, and thus a relative of Ms Sheriff. However, for the other two applicants, the evidence of their relationship to Ms Sheriff was insufficient to establish jurisdiction.

Consequently, the Tribunal remitted the application of Josephine for further consideration. The Tribunal determined it lacked jurisdiction to consider the applications of the other two applicants due to insufficient evidence of their relationship to the Australian sponsor.