2018468 (Refugee)

The applicant sought review of a decision by the Minister for Immigration and Border Protection to refuse to grant a Subclass 116 (Carer) visa. The applicant was the carer of an Australian relative, and the primary visa applicant had died during the application process. The applicant had failed to respond to a section 359 invitation, which led to the loss of entitlement to a hearing.

The Administrative Appeals Tribunal was required to determine whether the applicant's circumstances met the criteria for the Subclass 116 visa, particularly in light of the death of the primary visa applicant and the applicant's failure to respond to the invitation for a hearing. The Tribunal also had to consider whether assistance could reasonably be provided or obtained by the Australian relative from other sources, such as adult grandchildren or other services.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established that the Australian relative required the applicant's assistance. The Tribunal noted that the invitation to a hearing had not been responded to, and that the death of the primary applicant meant that the applicant could no longer be the carer of that deceased relative. Furthermore, the Tribunal considered that the Australian relative had other family members, including adult grandchildren, who could potentially provide assistance, and that other services might be available.