Manz (Migration)

This matter concerned an application for Other Family (Residence) (Class BU) visas, specifically Subclass 836 (Carer) visas, before the Migration Review Tribunal. The applicants, who had no home or assets in any other country, sought to remain in Australia. The central issue arose from the death of the sponsor, who was the Australian relative of the applicants.

The Tribunal was required to determine whether the applicants met the criteria for the Carer visa, particularly in light of the sponsor's death. This involved considering clause 836.227 of the Migration Regulations, which mandates that at the time of decision, the sponsorship must have been approved by the Minister and remain in force. The applicants argued that they were not advised to seek alternative visa options after the sponsor's passing and that their former migration agent had indicated a lengthy waiting period for a Carer visa, suggesting a failure to assist them in applying for a different visa class.

The Tribunal acknowledged the applicants' strong ties to Australia, their disposal of assets in Germany, and the sympathetic circumstances presented, including community support and the absence of a home to return to. However, the Tribunal found that there was no provision within the legislation to grant a Carer visa in the absence of a valid sponsorship. While the possibility of Ministerial intervention was raised, the Tribunal concluded that, based on the evidence, there was no basis to refer the matter for such consideration, although it remained open for the applicants to pursue this directly with the Department. The Tribunal affirmed the decision not to grant the visas, as the prescribed criteria, including the requirement for an approved and current sponsorship, were not met.