Kumar (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 115 (Remaining Relative) visa. The primary visa applicant sought to migrate to Australia based on being the brother of an Australian citizen, Lawrence Praveen Kumar. The decision under review affirmed the refusal of this visa.

The Tribunal was required to determine whether the primary visa applicant met the criteria for a Subclass 115 visa, particularly the "remaining relative" requirement as defined in regulation 1.15 of the Migration Regulations 1994. This involved assessing whether the primary applicant and their spouse had no "near relatives" other than those who were usually resident in Australia and were Australian citizens, permanent residents, or eligible New Zealand citizens.

The Tribunal found that while the primary visa applicant was indeed the brother of an Australian citizen, Lawrence Praveen Kumar, and that Mr. Kumar was usually resident in Australia, the primary applicant's spouse had near relatives residing in Canada, the United States, and Fiji. These relatives were not usually resident in Australia and did not meet the criteria of being Australian citizens, permanent residents, or eligible New Zealand citizens. Consequently, the primary visa applicant, along with their spouse and children, did not satisfy the "no near relatives" criterion under regulation 1.15(1)(c). The Tribunal therefore affirmed the decision not to grant the visa.