Mohammadi (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs to refuse a Carer (Subclass 836) visa. The applicant sought to satisfy the criteria for the visa, which included being sponsored by an Australian relative. The Tribunal was required to determine whether the applicant met the criteria for the visa at the time of the decision.

The central legal issue before the Tribunal was whether the sponsorship requirement under clause 836.227 of Schedule 2 to the Migration Regulations 1994 remained in force at the time of the decision. This clause requires that the sponsorship mentioned in clause 836.213 has been approved by the Minister and is still in force. The applicant conceded that he did not meet this criterion because his sponsor, his father, had departed Australia and died in Iran shortly thereafter.

The Tribunal reasoned that the purpose of sponsorship in family migration is to ensure the applicant is supported and does not become a charge on the Australian community. It noted that clause 836.227 is a "time of decision" criterion and that the death of the sponsor meant the sponsorship was no longer in force. The Tribunal found that there was no provision within the regulations for an applicant to change their sponsor in such circumstances, and therefore, the applicant could not meet the criterion.

Consequently, the Tribunal concluded that the decision under review should be affirmed.