Hendrie (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision not to grant the applicant an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant sought to have this decision set aside.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for the Subclass 835 visa. This involved an assessment of whether the applicant had a "near relative" in their home country, as required by the relevant migration regulations. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses they may have sought.

The Tribunal's reasoning focused on the specific requirements of the Subclass 835 visa. It found that the applicant did not satisfy the criteria for this visa, particularly concerning the definition of a "near relative" in the applicant's home country. Furthermore, the Tribunal determined that there was no material before it that would allow a finding that the applicant met the prescribed criteria for any other visa subclasses.

Consequently, the Tribunal affirmed the original decision not to grant the applicant the visa.