Cross (Migration)

The Administrative Appeals Tribunal considered an application by an individual seeking an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining relative) visa. The core of the dispute was whether the applicant qualified as a "remaining relative" under the relevant migration regulations, given that their father resided in the United Kingdom.

The Tribunal was required to determine whether the applicant satisfied the prescribed criteria for the Subclass 835 visa, particularly the definition of a "remaining relative" as it applied to their circumstances. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses they may have sought.

The Tribunal's reasoning focused on the applicant's failure to meet the definition of a remaining relative. As the applicant's father was located in the UK, the applicant did not satisfy the requirement of being the last remaining relative of an Australian relative. The Tribunal found no material before it that would permit a conclusion that the applicant met the prescribed criteria for the visa sought, nor for any other visa subclasses.

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