Manok (Migration)

This matter concerned an application for Other Family (Residence) (Class BU) visas, specifically the Subclass 835 (Remaining Relative) visa. The applicants sought review of a decision not to grant them these visas. The primary issues revolved around establishing the sibling relationship between the first named applicant and the sponsor, and confirming the death of the first named applicant's father at the time of the visa application.

The court was required to determine whether the documentary evidence sufficiently established that the first named applicant and the sponsor were sisters, and whether the first named applicant's father had passed away prior to the visa application being lodged. The court also considered the admissibility and reliability of documents submitted after the initial visa refusal, including requests for DNA testing due to difficulties in obtaining official documentation from Sudan.

The Tribunal affirmed the decision not to grant the visas. The court reasoned that the applicants had not satisfied the requirements of Regulation 1.15 of the Migration Regulations 1994, which outlines the criteria for a remaining relative visa. Specifically, the evidence did not conclusively prove the sibling relationship or the death of the father as required. The Tribunal also noted that it lacked the power to grant visas or decide review applications on compassionate grounds, even if such grounds were presented.