Naude (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Subclass 835 (Remaining Relative) visa. The applicant sought to be recognised as a remaining relative of an Australian relative, a criterion for this visa subclass. The core of the dispute revolved around whether the applicant met the definition of a "near relative" as required by the migration regulations, particularly in light of the unknown whereabouts of the applicant's sister.

The Tribunal was required to determine whether the applicant satisfied the criteria for the Subclass 835 visa, specifically the requirement to be a "near relative" of an Australian citizen, permanent resident, or eligible New Zealand citizen. This involved assessing whether the applicant's sister, who was overseas and whose whereabouts were unknown, could be considered a "near relative" for the purposes of the visa application.

The Senior Member, Kira Raif, reasoned that the applicant did not meet the prescribed criteria for the Subclass 835 visa. The decision affirmed the original decision not to grant the visa, as there was no material before the Tribunal that would permit a finding that the applicant met the necessary requirements. The Tribunal's conclusion was that the applicant failed to establish they were a remaining relative in accordance with the relevant migration legislation.