Lu (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, Subclass 836 (Carer), made by Ms Lu, who was sponsored by her sister. The application concerned the care needs of their mother.

The Tribunal was required to determine whether the sponsor of the visa applicant needed to be the relative requiring care, and whether the decision to refuse the visa could be made without a hearing.

The Tribunal reasoned that the regulations did not require the sponsor to be the relative requiring care, and that a decision without a hearing was not appropriate in this instance. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that specific criteria under clauses 836.212 and 836.213 of Schedule 2 to the Regulations were met.