Yosia Edward (Migration)

The Administrative Appeals Tribunal considered an application by Yosia Edward concerning a Child (Migrant) (Class AH) visa, specifically a Subclass 117 (Orphan Relative) visa. The applicant sought to establish their eligibility as an orphan relative of an Australian relative.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 117 visa. While DNA results were provided to establish a relationship, the Tribunal needed to determine if all other relevant criteria under the *Migration Regulations 1994* (Cth) were satisfied.

The Tribunal, having considered the evidence presented, including the DNA results, found it appropriate to remit the visa application to the Minister for further consideration. This remittal was accompanied by a direction that the visa applicants must meet the criteria specified in cl.117.211 and cl.117.221 of Schedule 2 to the *Migration Regulations 1994* (Cth). The Tribunal's decision was made by Senior Member Kira Raif.