Abdi (Migration)

This matter concerned an application for review by Ms Sahra Jama Abdi of a decision not to grant her an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The review was heard by the Tribunal, with Member Mary Urquhart presiding. The central dispute revolved around the validity of the applicant's sponsorship, which was crucial for the visa application.

The primary legal issue before the Tribunal was whether the applicant's sponsorship for the Subclass 836 visa remained in force. The applicant had been sponsored by her mother, who had since passed away. The Tribunal was required to determine if the visa could be granted in the absence of a valid, active sponsorship, and whether the applicant still met the criteria for the visa under the relevant regulations.

The Tribunal reasoned that the requirements for a Subclass 836 visa, as outlined in clause 836.213 of the Migration Regulations, necessitate an approved and current sponsorship. It was established that the applicant's sponsor, her mother, had passed away in May 2017, and the Department had been notified of this event. The Tribunal noted that there was no provision within the Carer visa regulations that allowed for the grant of a visa without a sponsorship in place, nor was there any discretion to waive this requirement. Consequently, the Tribunal found that the applicant no longer met the criteria under clause 836.227 of Schedule 2 of the Regulations because her sponsorship was no longer in force and she was no longer a carer of the person referred to in clause 836.212.

The Tribunal affirmed the decision not to grant the applicant the Subclass 836 visa, concluding that she did not meet the prescribed criteria for the visa sought.