Nahas (Migration)

The applicant, Mr. Nahas, sought review of a decision by the Migration Review Tribunal (MRT) affirming the refusal to grant him an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The basis for the visa application was that Mr. Nahas's son was in Australia on a temporary skilled visa, and Mr. Nahas contended he was a "near relative" who did not have a near relative lawfully residing in Australia who was an Australian citizen, permanent resident, or eligible New Zealand citizen. Mr. Nahas also requested Ministerial intervention.

The primary legal issue before the Tribunal was whether Mr. Nahas met the prescribed criteria for a Subclass 835 visa. This involved determining whether his son in Australia qualified as a "near relative" for the purposes of the visa subclass and whether Mr. Nahas himself met the definition of a "remaining relative" under the relevant migration regulations. The Tribunal also considered whether there was any material that would permit a finding that Mr. Nahas met the criteria for any other visa subclasses he 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 Senior Member concluded that there was no material before the Tribunal that would permit a finding that the applicant met the prescribed criteria for the visa sought, nor for any other visa subclasses. Consequently, the Tribunal affirmed the original decision to refuse the visa.