1711173 (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to have a delegate's decision, which affirmed the refusal of her visa application, reviewed. The central issue revolved around the sponsorship requirements for this visa subclass.

The primary legal question before the Tribunal was whether the applicant met the sponsorship criteria at the time of her visa application. Clause 836.213 of the Migration Regulations requires that the sponsor, who must be an Australian relative or their spouse or de facto partner, must have turned 18 years of age at the time of the application. The Tribunal also considered the applicant's claims regarding her reasons for applying for a temporary visa to lodge her Carer visa application onshore and her understanding of offshore application procedures.

The Tribunal found that the applicant's son, who was the sponsor, was not yet 18 years of age at the time of the visa application. The applicant acknowledged this fact and confirmed her awareness of the age requirement for the sponsor. While the Tribunal accepted the extensive medical evidence detailing the sponsor's significant disabilities and the applicant's provision of care, this did not overcome the failure to meet the primary criterion regarding the sponsor's age. The Tribunal noted that other visa subclasses were not considered as there was no material to suggest the applicant met their prescribed criteria.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant the Subclass 836 (Carer) visa.