Edejer (Migration)

The applicant sought review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer visa). The core of the dispute concerned whether the applicant's cousin qualified as a 'relative' for the purposes of clause 835.221 of the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was whether the applicant's cousin was a 'relative' as defined by the relevant visa criteria. A secondary issue was whether the Tribunal possessed any discretion to waive the statutory criteria if the applicant failed to meet them.

The Tribunal determined that a cousin does not fall within the definition of 'relative' as stipulated in clause 835.221. Consequently, the applicant did not satisfy the prescribed criteria for the Subclass 836 visa. The Tribunal found it had no discretion to waive these statutory requirements. The Tribunal affirmed the decision not to grant the applicant the visa.