TEWAJAROENGUN (Migration)

The applicant, Tewajarouengun, sought review of a decision by the Migration Review Tribunal (MRT) which affirmed the refusal to grant an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The core of the dispute concerned whether the applicant qualified as a "remaining relative" of an "Australian relative" for the purposes of the visa subclass.

The primary legal issue before the Tribunal was to determine whether the applicant met the prescribed criteria for the Subclass 835 visa. This involved assessing whether the applicant was the "remaining relative" of an "Australian relative" as defined by the relevant migration regulations, and whether any other visa subclasses were applicable.

The Tribunal's reasoning focused on the definition of "remaining relative" and "Australian relative." It was found that the applicant did not satisfy the criteria because their father and adult children were not resident in Australia. The Tribunal concluded that the applicant did not meet the requirements for the Subclass 835 visa, and there was no material to suggest they met the criteria for any other visa subclasses.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Other Family (Residence) (Class BU) visa.