Fraser (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 115 (Remaining relative) visa. The applicant sought to migrate to Australia as the remaining relative of an Australian citizen. The AAT affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for a Subclass 115 visa, specifically the "remaining relative" requirement. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses.

The Tribunal found that the applicant did not satisfy the criteria for the Subclass 115 visa. While the applicant's biological father resided in Thailand, the Tribunal noted there was little or no contact between them. The Tribunal also found no material that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.