Mugoba (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant sought this visa on the basis of being a remaining relative to an Australian citizen.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 835 visa, particularly concerning the requirement to demonstrate that they were a "remaining relative" and that their Australian relative was a "near relative." This involved assessing the applicant's relationship to their Australian citizen sibling and the circumstances surrounding the death of their father, who was also an Australian citizen.

The Tribunal found that the applicant met the criteria under clauses 835.212 and 835.221 of Schedule 2 to the Migration Regulations 1994. This finding was made despite the absence of a death certificate for the applicant's father, who had been missing for over 10 years and was presumed dead. The Tribunal concluded that the evidence presented was sufficient to establish the father's death and, consequently, the applicant's status as a remaining relative.

Consequently, the Tribunal remitted the applications for the visas to the Minister for reconsideration, with the specific direction that the first named applicant satisfied the aforementioned criteria for a Subclass 835 (Remaining Relative) visa.