Becker (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant, who was born in South Africa and held South African citizenship, sought to migrate to Australia. The dispute centred on whether the applicant met the criteria of being a "remaining relative" of an "Australian relative" as defined by the Migration Regulations 1994. The decision was made by Mila Foster, a member of the Tribunal.

The core legal issues before the Tribunal were to determine if the applicant qualified as a "remaining relative" of an "Australian relative" at both the time of application and the time of the decision. This required an assessment of whether the applicant had an eligible relative in Australia who was an Australian citizen, permanent resident, or eligible New Zealand citizen, and whether the applicant, along with their spouse or de facto partner, had no "near relatives" outside of Australia, or any near relatives in Australia who were not Australian citizens, permanent residents, or eligible New Zealand citizens.

The Tribunal found that the applicant and Ms Le Grange were biological sisters, and that Ms Le Grange was an Australian citizen. Therefore, Ms Le Grange was an "Australian relative" of the applicant. The Tribunal was satisfied that the applicant met the criteria under cl 835.212 and cl 835.221 of Schedule 2 to the Regulations, establishing her status as a "remaining relative" of an "Australian relative" at the relevant times.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant had met the specified criteria for the Subclass 835 visa. The Minister was to consider the remaining criteria for the visa application.