Yigzaw (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for Child (Migrant) (Class AH) visas, specifically Subclass 117 (Orphan Relative), brought by the applicant, Yigzaw, on behalf of a child. The core of the dispute concerned whether the child met the eligibility criteria for the visa, particularly regarding their relationship to an Australian relative and their age. The Tribunal was tasked with reviewing the initial decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant had discharged the onus of proving that the child met the specific criteria for a Subclass 117 visa. This involved assessing the reliability and sufficiency of the evidence presented to establish the child's orphan status and their age relative to the sponsoring Australian citizen or permanent resident. The Tribunal had to determine if the evidence, including priest's testimony, birth records from Social Courts, and self-reported dates on a passport, was adequate to satisfy the legislative requirements.

In its reasoning, the Tribunal found that the evidence presented was insufficient to establish that the child met the criteria for the visa. The Tribunal noted the absence of baptism records and questioned the reliability of a priest's recollection of precise dates. While birth records from Social Courts and self-reported dates on a passport were considered, they were ultimately deemed not to satisfy the evidentiary burden. Consequently, the Tribunal affirmed the decision not to grant the Child (Migrant) (Class AH) visas.