Fauni (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 had provided substantial and continuing assistance to the sponsor, a criterion for the Subclass 836 visa. The Tribunal was also required to determine if the applicant met the requirements of clause 836.221 of Schedule 2 to the Migration Regulations.

The Tribunal found that the applicant had provided substantial and continuing assistance to the sponsor, noting a significant wait for assistance. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that clause 836.221 of Schedule 2 to the Regulations was met.