Bah (Migration)

The applicant sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the delegate's decision not to grant the applicant an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The core of the dispute concerned whether the applicant qualified as a "remaining relative" of an "Australian relative" for the purposes of this visa subclass.

The primary legal issue before the Senior Member was to determine whether the applicant met the prescribed criteria for the Subclass 835 visa. This involved an assessment of the applicant's relationship to their Australian relative and whether they satisfied the definition of a "remaining relative" under the relevant migration regulations, particularly in light of the absence of parents and siblings residing in Australia.

The Senior Member reasoned that the applicant did not meet the criteria for the Subclass 835 visa. The decision implicitly found that the applicant failed to establish they were a "remaining relative" as defined by the regulations, notwithstanding that their parents and siblings were not resident in Australia. For any other visa subclasses considered, the Senior Member found no material that would permit a finding that the applicant met the prescribed criteria. Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant the visa.