Lenhardt (Migration)

The applicant, Ms. Lenhardt, sought review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of her application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The core of the dispute concerned whether Ms. Lenhardt met the eligibility criteria for this visa, which requires her to be a remaining relative of an Australian relative and have a near relative outside Australia.

The AAT was required to determine whether Ms. Lenhardt satisfied the prescribed criteria for the Subclass 835 visa. This involved assessing whether she qualified as a "remaining relative" in relation to her Australian sponsor and whether she had a "near relative" who was outside Australia. The AAT also considered whether there was any material supporting her eligibility for other visa subclasses.

The Senior Member of the AAT found that the applicant did not meet the criteria for the Subclass 835 visa. The decision indicates that the applicant failed to satisfy the requirements for being a remaining relative of an Australian relative and having a near relative outside Australia. Furthermore, the AAT concluded that there was no material before it that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses that may have been considered.

Consequently, the Tribunal affirmed the decision not to grant Ms. Lenhardt the Other Family (Residence) (Class BU) visa.