Ferguson (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 115 (Remaining Relative) visa. The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the visa applicant met the prescribed criteria for a Subclass 115 visa, particularly the definition of a 'remaining relative'. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses.

The Tribunal's reasoning focused on the applicant's circumstances in relation to the definition of a 'remaining relative'. It was found that the applicant's partner had relatives in their home country, which meant the applicant did not satisfy the requirement of being the only eligible relative in Australia. The Tribunal concluded that there was no material before it that would allow a finding that the applicant met the prescribed criteria for the visa sought, nor for any other visa subclasses.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant an Other Family (Migrant) (Class BO) visa.