Achille (Migration)

The applicant, Ms. Achille, sought review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of her application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The core of the dispute concerned whether Ms. Achille met the eligibility criteria for this visa, which requires the applicant to be the remaining relative of an Australian citizen or permanent resident.

The AAT was required to determine whether Ms. Achille satisfied the prescribed criteria for the Subclass 835 visa. This involved assessing whether she was the "remaining relative" of an Australian relative, and whether her sister, who held a temporary visa at the time of application, qualified as an Australian citizen or permanent resident for the purposes of the visa subclass.

The Tribunal found that the applicant did not meet the criteria for the Subclass 835 visa. While the specific reasons for this finding are not detailed in the provided text, it is clear that the Tribunal concluded that the applicant failed to satisfy the necessary requirements. Furthermore, the Tribunal noted that there was no material presented that would allow a finding that the applicant met the prescribed criteria for any other visa subclasses that may have been considered.

Consequently, the Tribunal affirmed the decision not to grant Ms. Achille the Other Family (Residence) (Class BU) visa.