Yambao (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant's parents and siblings resided in Australia, and the application involved an Australian divorce. The decision was made by Kira Raif, Senior Member.

The primary legal issue before the Tribunal was whether the applicant met certain criteria for the Subclass 835 visa, specifically clauses 835.212 and 835.221 of Schedule 2 to the Regulations. The Tribunal was required to determine the applicant's eligibility based on these provisions in light of the provided circumstances.

The Tribunal found that the applicant met the specified criteria for the Subclass 835 visa. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant satisfied clauses 835.212 and 835.221 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.