Sibhat (Migration)

The Administrative Appeals Tribunal reviewed a decision to refuse Child (Migrant) (Class AH) visas to three siblings from Ethiopia. The sponsor of the visas was their uncle, an Australian relative. The delegate had refused the visas on the grounds that the applicants did not meet the definition of "orphan relative" as defined in the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the visa applicants met the criteria for an orphan relative under clause 117.211 of Schedule 2 to the Regulations at the time of their visa applications. Specifically, the Tribunal had to determine if the applicants' parents were deceased, permanently incapacitated, or of unknown whereabouts, as required by regulation 1.14(b). The Tribunal also considered the applicants' ages under regulation 1.14(a)(i).

The Tribunal reasoned that the delegate was not satisfied that the applicants' parents were dead, permanently incapacitated, or of unknown whereabouts, and therefore the applicants did not meet the definition of an orphan relative. While acknowledging minor inconsistencies in the applicants' dates of birth, the Tribunal found them to be of no significant weight. The Tribunal also noted DFAT country information indicating that birth and death certificates from Ethiopia are considered higher-risk documents for fraud. Ultimately, the Tribunal found that the criteria for the grant of a Subclass 117 visa were not met.

The Tribunal affirmed the delegate's decisions not to grant the visa applicants the Child (Migrant) (Class AH) visas.