Ulusan (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 115 (Remaining Relative), made by a visa applicant who claimed to be the remaining relative of an Australian citizen. The Tribunal was required to determine whether the visa applicant met the criteria for this visa subclass.

The primary legal issue before the Tribunal was the interpretation of the definition of "remaining relative" as set out in regulation 1.15 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the relationship between the visa applicant and the Australian citizen satisfied the requirement that the Australian citizen be a parent, brother, sister, step-brother, or step-sister of the visa applicant.

The Tribunal reasoned that the visa applicant was the daughter of the Australian citizen, not the parent or sibling. Regulation 1.15(1)(a) clearly stipulates that the Australian relative must be a parent, brother, sister, step-brother, or step-sister of the applicant. As the visa applicant did not fall within these specified familial relationships with the Australian citizen, she did not meet the definition of a "remaining relative" for the purposes of the Subclass 115 visa. Consequently, the Tribunal affirmed the decision not to grant the visa.