Camer (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa, made by the applicant, a citizen of the Philippines, with her daughter as a secondary applicant. The core dispute revolved around whether the applicant met the definition of a "remaining relative" of an Australian relative at the time of her application and decision, and whether she satisfied Public Interest Criterion 4020. The applicant had been in Australia unlawfully for over 10 years before lodging her application.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant qualified as a "remaining relative" as defined by regulation 1.15 of the Migration Regulations 1994, which necessitates having no "near relatives" other than those usually resident in Australia and holding Australian citizenship or permanent residency. Secondly, the Tribunal had to assess whether the applicant met Public Interest Criterion 4020, which relates to the provision of true and correct information in visa applications.

The Tribunal reasoned that the applicant failed to meet the definition of a "remaining relative" because she had a sibling residing in the Philippines, who constituted a "near relative" under regulation 1.15(2). The Tribunal found that there were no exemptions to this definition. Furthermore, the Tribunal noted that the applicant had repeatedly provided false and misleading information, including failing to declare her sibling in the Philippines. Despite acknowledging the applicant's strong family ties in Australia and her full integration into Australian society, the Tribunal concluded that the repeated provision of false and misleading information, coupled with the failure to meet the "no near relatives" requirement, meant the applicant did not satisfy the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 835 visa. The Tribunal also considered a non-disclosure certificate issued under section 376 of the Migration Act 1958, but found it to be invalid, and proceeded to consider the core information contained within it.