Mercado (Migration)

The applicant, Mercado, sought review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The AAT’s decision was made by Senior Member Kira Raif.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for a Subclass 835 visa. This involved determining whether the applicant was the remaining relative of an Australian relative and, in particular, whether they had demonstrated "daily care and control" in relation to that relative. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses they may have sought.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not meet the criteria for a Subclass 835 visa. The reasons for this finding, as indicated by the Senior Member, were that the applicant had not satisfied the requirements for "daily care and control" and that there was no material before the Tribunal that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses sought.