Ncube (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 115 (Remaining Relative) visa. The applicant claimed to be a remaining relative of an Australian relative, with their father and brother residing in Zimbabwe at the time of the application. The applicant also asserted a lack of contact with their brother.

The Tribunal was required to determine whether the visa applicant met the prescribed criteria for the Subclass 115 visa. This involved assessing whether the applicant qualified as a "remaining relative" under the relevant migration regulations, considering the circumstances of their family members in Zimbabwe and the claimed lack of contact with their brother.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant did not meet the criteria for the Subclass 115 visa. Furthermore, the Tribunal concluded that there was no material before it that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses that may have been considered.