Novis (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for an Other Family (Migrant) (Class BO) visa, specifically Subclass 115 (Remaining Relative). The primary visa applicant, a citizen of the Philippines, along with her husband and two children, applied for the visa on the basis that she is the remaining relative of her sister, who is an Australian citizen.

The central legal issue before the Tribunal was whether the visa applicant met the criteria for being a "remaining relative" under the Migration Regulations 1994. This required the applicant to demonstrate that she had no "near relatives" other than those who were usually resident in Australia and were Australian citizens, permanent residents, or eligible New Zealand citizens. The definition of "near relative" included parents, siblings, step-parents, step-siblings, and certain children of the applicant or their spouse.

The Tribunal found that the visa applicant did not satisfy the requirement of having no near relatives. Evidence presented indicated that the applicant's spouse had a mother and two siblings residing in the Philippines, and further, that there were other near relatives of the applicant's spouse in the Philippines who had not passed away. As these individuals were not usually resident in Australia and did not meet the criteria for being Australian citizens, permanent residents, or eligible New Zealand citizens, the applicant and her spouse had near relatives who did not meet the exceptions outlined in the regulations. Consequently, the Tribunal concluded that the visa applicant did not meet the criteria for a Subclass 115 visa.

The Tribunal affirmed the delegate's decision not to grant the visa applicants the Other Family (Migrant) (Class BO) visas.