Abdelmalak (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 836 (Carer) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 836 visa, particularly in light of new information provided to the Tribunal. This involved assessing whether the sponsorship requirements, as stipulated by the relevant regulations, continued to be met.

The Tribunal's reasoning focused on the receipt of a new Form 40, dated 11 February 2019, which was lodged with the Tribunal on the same day. The Tribunal was satisfied that this new evidence demonstrated that the applicant met the relevant criterion, specifically clause 836.227 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration.

The Tribunal's final order was to remit the application for reconsideration, with the direction that the applicant meets the specified criteria for a Subclass 836 visa.