DIMITROV (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant sought this visa, and the decision under review concerned the application of Public Interest Criterion 4015. The Tribunal's jurisdiction was limited to the first named applicant, with no jurisdiction exercised in relation to the second named applicant, Kira Raif.

The central legal issue before the Tribunal was whether the applicant met the requirements of Public Interest Criterion 4015, which relates to the welfare of children. This criterion was engaged due to a court order granting custody of a child to the father, with arrangements made for the child's return, but without the mother's consent. The applicant held a visitor visa.

The Tribunal found that the first named applicant met the criteria for a Subclass 835 visa, specifically clause 835.211 of Schedule 2 to the Regulations. The Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the first named applicant be considered to meet the specified criteria for the Subclass 835 visa.