Case Study 4 - Orphan Relative Visa
Our client was initially refused (without our assistance) an Orphan Relative visa to Australia on the basis the Department of Immigration believed he was over the age of 18 at the time of application.
Our office made an application for review to the Migration Review Tribunal which was successful for the following reasons:
Documents providing with the initial visa application contained information in support of our clients claimed age. The Department of Immigration noted that these documents were based on information provided by visa applicant’s rather than being based on any official records which are often non existent in Pakistan and Afghanistan. On this basis the Department of Immigration expressed concern that document fraud is well established in Pakistan and Afghanistan and documents emanating from Quetta are notoriously unreliable.
As there was no further evidence to verify the ages of our client, the Department of Immigration considered other means to help verify the age of our client and using photographic evidence obtained during the interview, assessments made by two senior migration officers based in Dubai and from the panel doctor who undertakes medicals for Afghani nationals seeking to travel to Australia from Pakistan.
The medical officer assessed the age of our client to be between 26 and 31 years of age. The other migration officers determined that our clients age is between 26 and 35 years of age, and with these type of assessments our client was in a position where his visa could not be approved. It was noted by the Department of Immigration the probability the initial photograph submitted with the visa application had been photoshopped.
Our client had lived a difficult life in Quetta and that the associated stress in living in such conditions could have appeared to aggravate our clients physical appearance. Far from being speculative, this particular claim was reinforced with research data from the scientific community. The probability the Tribunal was going to accept this argument was relatively low as further evidence was required to establish our clients credibility as a truthful applicant. After further investigation on our end it was discovered that our clients sister who lives in Australia originally entered the country on a Humanitarian visa in 2005. In this application she had listed our clients name and date of birth. Fortunately for our client, the Tribunal accepted this to be the most significant piece of evidence in support of the finding that our client was under the age of 18 which is the declaration in our client’s elder sister’s Humanitarian visa file. This information was consistent with the information provided in the current application which was filed well before any consideration would have been made for our clients visa.
As a result, the Migration Review Tribunal found that our client had not turned 18 at the time of visa application and the other criteria to be classified as an Orphan relative is now to be determined and finalised by the Department.