Hoff (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Visitor (Class FA) Subclass 600 visa. The visa applicant, who was outside Australia, applied for the visa in the sponsored family stream, identifying a first cousin residing in Australia as her sponsor. The delegate refused the visa on the basis that the applicant did not satisfy clause 600.232 of the Migration Regulations 1994, which requires sponsorship by a relative. The Administrative Appeals Tribunal was asked to review this decision.

The primary legal issue before the Tribunal was whether the visa applicant was sponsored by a "relative" as defined by the Regulations, thereby satisfying the criteria for the sponsored family stream of the Subclass 600 visa. Specifically, the Tribunal needed to determine if a first cousin qualified as a "relative" for the purposes of clause 600.232. A secondary issue arose from the applicant's failure to respond to the Tribunal's invitation to provide information under section 359(2) of the Migration Act 1958, which led to the cancellation of a scheduled hearing.

The Tribunal considered the definitions of "relative" and "close relative" within Regulation 1.03 of the Migration Regulations. It noted that "relative" included a "close relative" or a grandparent, grandchild, aunt, uncle, niece, nephew, or their step-equivalents. A "close relative" was defined as a spouse or de facto partner, child, parent, brother, or sister. The Tribunal observed that the applicant's sponsor was identified as a first cousin, and this relationship did not fall within the defined categories of "relative" or "close relative" under Regulation 1.03. Furthermore, the applicant failed to provide any information to the Tribunal in response to its invitation under section 359(2), despite a clear warning that such failure would result in the cancellation of the hearing and a decision being made on the papers.

Consequently, as the visa applicant did not satisfy the sponsorship requirement under clause 600.232, the Tribunal affirmed the delegate's decision to refuse the visa.