Of course. I have reviewed the attached refusal notification for Ateny Bol Kon Bol's Refugee and Humanitarian (Class XB) visa.\n\nBased on the information you've provided, I can offer a detailed analysis of her potential eligibility for a Remaining Relative visa and other options. Please remember that this is general guidance and not legal advice. A full assessment by a registered migration agent is strongly recommended.\n\n### 1. Remaining Relative Visa (Subclass 835)\n\nThis is the most relevant visa for someone in Ateny's situation, as it is for applicants who are **already in Australia**. However, there is also an offshore version (Subclass 115) which I will address.\n\n**Key Eligibility Criteria for a Remaining Relative Visa:**\n\nTo be a \"remaining relative,\" the applicant must have:\n* **No near relatives** residing in their home country (or any other country) except for those who are usually resident in Australia.\n* **Near relatives** are defined as a parent, brother, sister, or a step-equivalent.\n\n**Analysis of Ateny's Situation:**\n\n1. **Sister in Australia:** This is a **positive factor**. An Australian citizen, permanent resident, or eligible New Zealand citizen can sponsor her. This sister would be her sponsor.\n\n2. **Sister in Europe:** This is the **primary obstacle** and will likely make her **ineligible** for the visa.\n * The law requires that the applicant have *no* near relatives (like a sister) residing in any country other than Australia.\n * The fact that her sister is \"based in Europe\" and presumably resides there means Ateny does not meet the definition of a \"remaining relative.\" The visa is designed for people who have *no other family outside of Australia* to turn to.\n\n3. **Her Residence in Egypt:** Her status as a refugee in Egypt does not change the \"remaining relative\" test. The test is about the location of her family members, not her immigration status.\n\n**Conclusion on Remaining Relative Visa:**\nBased on the information provided, **Ateny would not qualify for a Remaining Relative visa** because she has a near relative (her sister) who is usually resident in a country other than Australia (Europe).\n\n### 2. Other Potential Visa Options\n\nSince the Remaining Relative visa appears unlikely, here are other pathways to consider:\n\n#### A. Visitor Visa (Subclass 600)\n\nYou asked if her sister in Australia can visit her. The sister in Australia can certainly apply for a Visitor visa to go to Egypt. However, I assume you meant if Ateny can visit her sister in Australia.\n\n* **Possibility:** Yes, Ateny can apply for a Visitor visa to come to Australia.\n* **Major Challenges:**\n * **Genuine Temporary Entrant (GTE) Requirement:** This is the biggest hurdle. Given her recent refusal of a humanitarian visa (which is a permanent visa) and her apparent desire to settle in Australia with her sister, a decision-maker would heavily scrutinize her intention to only *visit* temporarily and then return to Egypt.\n * **Ties to Home Country (Egypt):** As a refugee, she may have difficulty demonstrating strong economic, family, or employment ties that would compel her to return to Egypt after her visit.\n * **Previous Visa Refusal:** The recent humanitarian visa refusal will be on her record and may negatively impact the assessment of any subsequent visa application.\n\n#### B. Explore Other Family Stream Visas\n\n* **Aged Dependent Relative Visa (Subclass 838/114):** This is for single individuals who are old enough to be granted an aged pension in Australia (currently 67 years) and are financially dependent on their Australian relative. Ateny is 53 (DOB 1972), so she is too young for this.\n* **Carer Visa (Subclass 836/116):** This is for someone who is willing and able to provide substantial and continuing care for an Australian relative (or a member of their family unit) who has a medical condition causing impairment of 2+ years. This requires a medical assessment from Bupa Medical Visa Services and is a very specific and high-threshold visa.\n\n#### C. Reconsideration of Humanitarian Pathway\n\n* The refusal letter states there is \"no right of merits review.\" This is standard for offshore humanitarian visas.\n* However, in very limited circumstances, it may be possible to request Ministerial Intervention under s351 of the Migration Act. This is not a review right, but a discretionary power of the Minister. It is only granted in unique and exceptional circumstances, often involving strong public interest arguments or compelling, new information that was not before the original decision-maker. The bar for this is extremely high.\n\n### Summary and Recommended Next Steps\n\n1. **Remaining Relative Visa:** Highly unlikely due to the sister residing in Europe.\n2. **Visitor Visa:** Possible but very high risk of refusal due to the GTE requirement and her recent humanitarian visa application.\n3. **Other Family Visas:** The Aged Dependent Relative and Carer visas do not appear to be applicable based on the information provided.\n\n**Your best course of action is to consult with a registered migration agent (MARA).** They can:\n\n* Confirm the ineligibility for the Remaining Relative visa based on the exact details and citizenship status of the sister in Europe.\n* Explore if there are any nuances in her case that could support a Visitor visa application.\n* Assess whether there is a viable, albeit difficult, case for Ministerial Intervention.\n* Provide a complete overview of any other potential, albeit narrow, pathways.\n\nGiven the complexity and the high stakes, professional advice is crucial to avoid further refusals and to develop a realistic strategy.
Ask your
question
