El Cheikh (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 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 grant of the Subclass 836 visa, as stipulated by clauses 836.212 and 836.221 of Schedule 2 to the relevant regulations. This determination was complicated by the applicant's subsequent provision of an updated carer visa assessment certificate.

The Tribunal reasoned that the provision of the updated carer visa assessment certificate necessitated a reconsideration of the applicant's eligibility. Consequently, the Tribunal concluded that the appropriate course of action was to remit the application back to the Minister for reconsideration of whether the applicant met the specified visa criteria. The Tribunal therefore remitted the application for reconsideration by the Minister.