Khan (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, Subclass 115 (Remaining Relative), made by a visa applicant who claimed to be the remaining relative of his sister, Mrs Asra Khan, an Australian citizen. The dispute centred on whether the visa applicant met the criteria for being a "remaining relative" under the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant was a "remaining relative" of an "Australian relative" as defined by the Regulations. Specifically, this involved assessing whether the Australian relative was usually resident in Australia and whether the visa applicant, along with his spouse, had no "near relatives" other than those who were usually resident in Australia and held Australian citizenship, permanent residency, or eligible New Zealand citizenship.

The Tribunal affirmed the decision not to grant the visa. It accepted that the Australian relative, Mrs Khan, was the sister of the visa applicant and was usually resident in Australia, having arrived in 2007, obtained permanent residency in 2010, and citizenship in 2012, and was settled in Kellyville with her family. However, the decision indicates that the primary criteria for the visa were not met by the primary visa applicant, leading to the secondary visa applicant also failing to meet the relevant clauses at the time of application and decision.