Siddiqui (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, Subclass 835 (Remaining Relative), made by the applicant. The applicant claimed to be the remaining relative of his sponsoring sister, Ms Ambreen Raza Siddiqui, who is an Australian citizen. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for this visa subclass.

The primary legal issues before the Tribunal were whether the applicant qualified as a "remaining relative" of an "Australian relative" under the Migration Regulations 1994. Specifically, the Tribunal had to consider if the sponsoring sister was an Australian citizen usually resident in Australia, and crucially, whether the applicant had any "near relatives" other than those who were usually resident in Australia and held Australian citizenship, permanent residency, or eligible New Zealand citizenship.

The Tribunal found that while the sponsoring sister met the criteria of being an Australian citizen usually resident in Australia, the applicant failed to satisfy the requirement of having no near relatives outside of Australia who met the specified status. The Tribunal noted that the applicant's mother and brother, who were not Australian citizens, permanent residents, or eligible New Zealand citizens, constituted near relatives not usually resident in Australia. The applicant requested a delay in the decision pending the outcome of his mother's Aged Parent Visa (subclass 804) and his brother's Partner Visa (subclass 820/801) applications. However, the Tribunal determined that given the exceptionally long processing times for these visas (up to 30 years for the subclass 804), it was not reasonable, economical, or quick to await their finalisation, and therefore not in the interests of justice or consistent with the Tribunal's objectives.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 835 visa, as he did not meet the criteria under regulation 1.15(1)(c) of the Migration Regulations 1994.