TONG (Migration)

The Administrative Appeals Tribunal considered an application for a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant sought this visa as an orphan relative of an Australian relative. The core of the dispute revolved around the applicant's eligibility, particularly concerning the death of their parents and related documentation.

The Tribunal was required to determine whether the applicant met the criteria for an Orphan Relative visa, specifically focusing on the requirements relating to the death of the applicant's parents and any associated evidentiary issues. The case also involved considerations of a father's medical condition and a passport discrepancy, which likely impacted the assessment of the parents' status and the applicant's eligibility.

The Tribunal found that the applicant met certain criteria for the Subclass 117 visa, namely those set out in clauses 117.211 and 117.221 of Schedule 2 to the Regulations. Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration, with a direction that the applicant meets these specified criteria. The Tribunal therefore remitted the applications for the Child (Migrant) (Class AH) visas for reconsideration.