Wang (Migration)

The Administrative Appeals Tribunal considered an application for Other Family (Migrant) (Class BO) visas, specifically a Subclass 116 (Carer) visa. The applicant sought to migrate to Australia to care for their brother-in-law. The Tribunal affirmed the decision of the delegate not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 116 visa. This involved determining whether the brother-in-law was a "relative" as defined by the Migration Regulations, and whether the applicant was a "remaining relative" of the sponsor. The Tribunal also considered whether the applicant met the prescribed criteria for any other visa subclasses applied for.

The Tribunal reasoned that the brother-in-law did not fall within the definition of "relative" as set out in regulation 1.03 of the Migration Regulations. Consequently, the applicant could not satisfy the requirement of being a remaining relative of the sponsor. As there was no material to suggest the applicant met the criteria for any other visa subclasses, the Tribunal affirmed the delegate's decision. The Tribunal affirmed the decision not to grant the visa applicants Other Family (Migrant) (Class BO) visas.