Shone (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative). The applicant sought to establish that they were an orphan relative of an Australian relative, specifically their sister, Sofia Musa Shone. The core of the dispute revolved around whether the applicant met the definition of an "orphan relative" as defined in the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant met the criteria for the grant of the Subclass 117 visa, specifically whether the applicant was an orphan relative of an Australian relative at the time of application and at the time of the decision. This involved assessing whether the applicant had not turned 18, did not have a spouse or de facto partner, was a relative of an Australian permanent resident, and could not be cared for by either parent because each was deceased, permanently incapacitated, or of unknown whereabouts. The Tribunal also needed to consider if there was any compelling reason to believe that granting the visa would not be in the applicant's best interests.

The Tribunal found that the applicant met the criteria of being a relative of an Australian permanent resident, as the review applicant was the applicant's biological full sister and an Australian permanent resident. The Tribunal also accepted that the applicant did not have a spouse or de facto partner. However, the applicant had turned 18 by the time of the decision, meaning the criterion of not having turned 18 was not met at the time of decision, although it was met at the time of application. The Tribunal noted that verified death certificates for the applicant's parents had been provided, and the security situation in the Western Oromia Region was mentioned in relation to the parents' circumstances.

Given these findings, the Tribunal remitted the application for a Child (Migrant) (Class AH) visa for reconsideration. The Tribunal directed that the first visa applicant met the criteria under cl 117.211 and cl 117.221 of Schedule 2 to the Regulations, indicating that the matter should proceed to consider the remaining criteria for the visa.