TAHIR (Migration)

The Administrative Appeals Tribunal considered the applications of Tahir for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative) visas. The core of the dispute concerned whether the applicants met the evidentiary requirements for this visa subclass, particularly in relation to the ages of the applicants and proof of their parents' deaths, as well as evidence of financial and emotional support and guardianship arrangements.

The Tribunal was required to determine whether the evidence presented, including hospital birth records and documentation pertaining to the parents' deaths, sufficiently satisfied the criteria for the Subclass 117 visa. This involved assessing the adequacy of the evidence regarding the applicants' ages and the circumstances of their orphanhood, as well as the established guardianship arrangements and the provision of financial and emotional support.

The Tribunal's reasoning led to the conclusion that the visa application should be remitted to the Minister for further consideration. The Tribunal directed that the visa applicants must meet specific criteria as outlined in clauses 117.211 and 117.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for Child (Migrant) (Class AH) visas for reconsideration in accordance with these directions.