1600917 (Migration)

The applicant sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) affirming the refusal of an application for an Other Family (Residence) (Class BU) visa. The applicant had also sought other visa subclasses, but the Tribunal found no material to support eligibility for those.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for the Subclass 838 visa, and by extension, any other visa subclasses for which application had been made.

The Tribunal's reasoning, as indicated by the decision, was that the applicant failed to satisfy the criteria for the Subclass 838 visa. Furthermore, the Tribunal found no evidence to suggest the applicant met the criteria for any of the other visa subclasses sought. Consequently, the Tribunal affirmed the original decision to refuse the visa. The Tribunal affirmed the decision not to grant the applicant an Other Family (Residence) (Class BU) visa.