1602259 (Migration)

The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of an Other Family (Residence) (Class BU) visa. The applicant also sought review of the AAT's decision in relation to a Subclass 835 visa. The matter came before the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the applicant met the prescribed criteria for either the Subclass 835 visa or the Other Family (Residence) (Class BU) visa. This involved an assessment of the evidence presented by the applicant against the requirements of the relevant migration regulations.

The Court found that the applicant did not meet the criteria for a Subclass 835 visa. Furthermore, the Court determined that there was no material before it that would allow a finding that the applicant met the prescribed criteria for the Other Family (Residence) (Class BU) visa. Consequently, the Court affirmed the AAT's decision.