Nguyen (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant was sponsored by their brother, and the application was based on the mother requiring care. The decision under review was made by the Minister.

The primary legal issue before the Tribunal was whether the sponsor was required to be a relative of the person requiring care. The Tribunal also considered whether a decision could be made without a hearing.

The Tribunal reasoned that the sponsor was not required to be a relative of the person requiring care under the relevant regulations. Consequently, the Tribunal found that the decision made by the Minister was not made after a hearing, which was considered necessary. The Tribunal therefore remitted the application for the visa to the Minister for reconsideration.

The Tribunal remitted the application for the visa to the Minister to consider the remaining criteria for a Subclass 836 visa, with the direction that clauses 836.212 and 836.213 of Schedule 2 to the Regulations were met.