Deighan (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant the applicant an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining relative) visa. The applicant claimed to be the mother of an Australian relative, Ciaran Patrick Deighan, who is an Australian citizen. The core of the dispute revolved around whether the applicant met the definition of a "remaining relative" as defined in the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant satisfied the criteria for a Subclass 835 visa, particularly the definition of a "remaining relative" under regulation 1.15 of the Migration Regulations 1994. This involved assessing whether the relationship between the applicant and the Australian relative met the specific requirements of the regulation, including the nature of the relationship and the absence of other "near relatives" not residing in Australia.

The Tribunal found that the applicant, being the mother of the Australian relative (the son), did not satisfy subregulation 1.15(1)(a) of the Migration Regulations 1994, which requires the Australian relative to be a parent, brother, sister, step-brother, or step-sister of the applicant. As this primary criterion was not met, the applicant could not be considered a "remaining relative" for the purposes of the visa application. Consequently, the Tribunal affirmed the decision not to grant the visa.