Aldawoud (Migration)

This matter concerned an appeal by the applicant, Ms. Aldawoud, against a decision of the Administrative Appeals Tribunal (Cth) which affirmed the delegate's refusal to grant her a Carer (Residence) (Class BU) subclass 836 visa. The core of the dispute revolved around the applicant's failure to provide a carer assessment certificate to the Department or the Tribunal when requested, and her subsequent lack of response to the Tribunal's invitation to provide further information.

The legal issues before the court were whether the Tribunal had properly exercised its powers under the *Migration Act 1958* (Cth) when it made a decision without further action after the applicant failed to provide requested information, and whether the applicant was entitled to a hearing in those circumstances. The court was also required to consider the evidentiary requirements for a subclass 836 visa, specifically the need for a carer assessment certificate to satisfy clause 836.221 of Schedule 2 of the Migration Regulations.

The Tribunal found that it had properly invited the applicant to provide further information under section 359(2) of the Act, and that the applicant had failed to do so within the prescribed period. Pursuant to section 359C(1) of the Act, the Tribunal was therefore entitled to make a decision without further action. The Tribunal also correctly determined that, as the applicant had no entitlement to a hearing under section 360(3) of the Act, it had no power to permit her to appear, consistent with the principles in *Hasran v MIAC* [2010] FCAFC 40. The Tribunal reiterated that the onus is on the applicant to satisfy the criteria for the visa, and that a decision-maker is not required to make the applicant's case.

The Tribunal concluded that the decision under review should be affirmed because the applicant had not satisfied the criteria for the visa, specifically clause 836.221, which requires the applicant to be a carer of an Australian relative. This criterion necessitates a carer assessment certificate, which the applicant failed to provide. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.