1707831 (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, Subclass 835, made by an applicant who claimed to be the brother of an Australian citizen. The dispute centred on whether the applicant met the criteria for being a "remaining relative" of an "Australian relative" as defined by the Migration Regulations 1994. The decision was made by Margie Bourke, a member of the tribunal.

The legal issues before the tribunal were whether the applicant was a "remaining relative" of an "Australian relative" for the purposes of a Subclass 835 visa. This required determining if the sponsor was an Australian citizen, if the applicant and sponsor were siblings, and if the sponsor was usually resident in Australia, as well as considering the applicant's other near relatives.

The tribunal found that the sponsor was an Australian citizen and accepted the consistent oral and written evidence, including the applicant's willingness to undergo DNA testing, that the applicant and sponsor were brother and sister. Based on this evidence, the tribunal was satisfied that the applicant and sponsor were close relatives and that the sponsor was an Australian relative. The tribunal concluded that the applicant met the criteria under cl.835.212 of Schedule 2 to the Regulations.

Consequently, the tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant met the specified criteria for a Subclass 835 visa.