Minsorado (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 this visa to care for a person with a medical condition who was neither a resident nor a member of the family unit of a resident. The sponsor of the application was the applicant's mother, who was an Australian resident. The person requiring care was the father of the sponsor's husband, meaning the applicant was a relative of the Australian resident with the medical condition.

The Tribunal was required to determine whether the criteria for the Subclass 836 (Carer) visa were met, particularly in relation to the relationship between the applicant, the sponsor, and the person requiring care, and whether the applicant qualified as a relative of the Australian resident with the medical condition.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that the criteria for a Subclass 836 (Carer) visa, specifically clause 836.213 of Schedule 2 to the Regulations, were met. Consequently, the Tribunal remitted the applications for Other Family (Residence) (Class BU) visas for reconsideration.