De Bruin (Migration)

The Administrative Appeals Tribunal considered an application for Other Family (Residence) (Class BU) visas, specifically Subclass 835 (Remaining Relative), made by an applicant whose mother had abandoned them at a young age. The sponsor had established foster care arrangements for the applicant, who was in their custody, though no formal adoption process had occurred. The biological mother resided in South Africa.

The Tribunal was required to determine whether the applicant met the prescribed criteria for the Subclass 835 visa, particularly in light of the familial circumstances and the absence of a formal adoption. The Tribunal also considered whether any material supported the applicant meeting the criteria for other visa subclasses.

The Tribunal affirmed the decision not to grant the visas. The Senior Member found that the applicant did not meet the criteria for the Subclass 835 visa. Furthermore, there was no material before the Tribunal that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses that may have been sought.