Baharum (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant sought to establish that she was the remaining relative of her sister, who was an Australian permanent resident. The core of the dispute revolved around the applicant's claimed familial relationship with her sponsor, given discrepancies in the documentary evidence provided regarding her birth and parentage. The decision was made by a member of the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 835 visa, particularly concerning the definition of a "remaining relative" and an "Australian relative" as stipulated in the Migration Regulations 1994. This involved assessing whether the applicant could demonstrate that her claimed sister was an Australian relative and that she, the applicant, had no near relatives other than those usually resident in Australia and who were Australian citizens or permanent residents.

The Tribunal noted that the applicant's initial documentation, including a birth certificate, listed different parents than those claimed at the hearing. While the applicant's birth certificate indicated her parents were Mr. Baharum B Kenot and Ms Zanaib Binti Ahmad, and her Malaysian ID and passport listed her name as "Noor Zana Binti Baharum," she later claimed her sponsor was her biological sister. Crucially, the Tribunal considered new evidence, including DNA test results, which confirmed a sibling relationship between the applicant and her sponsor. Given this new evidence, the Tribunal concluded that the applicant met the criteria for a Subclass 835 visa, specifically clauses 835.212 and 835.221.

Consequently, the Tribunal remitted the application for reconsideration by the Department and the Minister's delegate, with a direction that the applicant met the criteria for the Subclass 835 visa.