Nagy (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 review of a decision concerning their eligibility as a carer of an Australian relative.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 836 (Carer) visa, particularly in light of a Carer Visa Assessment Certificate provided during the review process. The Tribunal was required to determine the application of Regulation 1.15AA(1)(b) and (c) in relation to clause 836.221 of Schedule 2 to the Migration Regulations.

The Tribunal found that the Carer Visa Assessment Certificate indicated that certain criteria for the visa were met. Consequently, the Tribunal remitted the application for the visa back to the Minister for reconsideration. The remittal was accompanied by a direction that the criteria under Regulation 1.15AA(1)(b) and (c) for the purpose of clause 836.221 of Schedule 2 to the Regulations were to be considered met.