Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Child (Migrant) (Class AH) visa, Subclass 102 (Adoption). The applicant sought to have set aside the decision not to grant the visa.

The Tribunal was required to determine whether the visa applicant met the criteria for the Subclass 102 visa, specifically whether an adoption order was in accordance with the Adoption Convention, whether sufficient financial support had been provided, and whether the applicant had resided continuously overseas for 12 months. Additionally, the Tribunal considered the circumstances of the child's mother, including whether she was alive and capable of caring for the child.

The Tribunal found that the adoption order was not in accordance with the Adoption Convention. It also determined that the provision of financial support was insufficient to meet the visa requirements. Furthermore, the Tribunal noted that the review applicant had not resided continuously overseas for the requisite 12 months. Crucially, the Tribunal observed that the child's mother was still alive and there was no evidence to suggest she was unable to care for the child, which was a significant factor in assessing the validity of the adoption for visa purposes.

The Tribunal affirmed the decision not to grant the visa applicant a Child (Migrant) (Class AH) visa.