Elliott (Migration)

The applicant sought review of a decision not to grant an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The core of the dispute concerned whether the applicant qualified as a "remaining relative" of an "Australian relative" under the relevant migration regulations.

The Tribunal was required to determine whether the applicant satisfied the criteria for a Subclass 835 visa, particularly the definition of "remaining relative." This involved assessing whether the applicant had any "near relatives" who were not Australian citizens, permanent residents, or eligible New Zealand citizens. The Tribunal also considered the applicant's relationship with their half-siblings and the whereabouts of their biological father.

The Tribunal found that the applicant did not meet the prescribed criteria for the visa. It was noted that there was no "near relatives" requirement for this visa subclass. The Tribunal concluded that the applicant had no "near relatives" who were not Australian citizens or permanent residents. Furthermore, the Tribunal found that the applicant did not have a meaningful relationship with their half-siblings, and the presumption of death in relation to the biological father was not applicable.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 835 visa. The Tribunal also found no material to suggest the applicant met the criteria for any other visa subclasses applied for.