Sherzad v Minister for Immigration and Citizenship

Sherzad v Minister for Immigration and Citizenship involved a visa applicant challenging the decision of the Migration Review Tribunal (MRT) that his application for a remaining relative visa under the Migration Regulations 1994 (Cth) was invalid. The visa applicant argued that he had no contact with his mother and sister in Afghanistan, and thus satisfied the requirements of regulation 1.15(1)(c) for a remaining relative visa. The MRT, however, found that the visa applicant had not demonstrated that he had no contact with his relatives within a reasonable period before making his application.

The central legal issue was the interpretation of the phrase "no contact" in regulation 1.15(1)(c) of the Migration Regulations, specifically whether it required an absolute absence of contact or whether it permitted some minimal contact. The visa applicant argued for the former interpretation, claiming that any contact, even financial support, would not satisfy the regulation. The Tribunal, however, held that the visa applicant had maintained sufficient contact with his relatives to meet the requirement of "no contact" within a reasonable period.

The court found that the Tribunal's interpretation of the regulation was reasonable and consistent with the purpose of the "remaining relative" concept. The court held that the Tribunal was correct in finding that the visa applicant had not demonstrated an absolute absence of contact with his relatives. The court emphasised that the regulation required a lack of contact within a reasonable period, not an absolute severance of all ties. Given the evidence that the visa applicant had continued to manage family property and maintain regular contact with his relatives, the Tribunal's decision was upheld.

The appeal was dismissed, and the visa applicant was ordered to pay the Minister's costs of the appeal. This decision reinforces the requirement for visa applicants to demonstrate a meaningful lack of contact with their relatives overseas, rather than an absolute severance of all ties.