Ibaida (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Ibaida for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer). The visa was sought on the basis that Ms Ibaida was the carer of her Australian relative. The primary visa applicant, who was the Australian relative, had since passed away. The AAT affirmed the delegate's decision to refuse the visa.

The Tribunal was required to determine whether the applicant had established that she was the carer of the Australian relative, and whether the circumstances of the relative's death meant that assistance could not reasonably be provided or obtained from other relatives or services. The Tribunal also considered the implications of the applicant not responding to a section 359 invitation, which resulted in a loss of entitlement to a hearing.

In its reasoning, the Tribunal noted that the applicant had failed to provide a satisfactory response to the invitation issued under s 359 of the *Migration Act 1958* (Cth), which led to the loss of her entitlement to a hearing. Furthermore, the Tribunal found that even if a hearing had been held, the applicant had not established that she was the carer of the Australian relative as required by the visa criteria. The death of the Australian relative meant that the core requirement of providing care could no longer be met, and the Tribunal was not satisfied that assistance could not reasonably be provided or obtained from other relatives or services, particularly given the applicant's failure to engage with the process.

The Tribunal affirmed the delegate's decision to refuse the visa.