Nguyen (Migration)

The Administrative Appeals Tribunal (the Tribunal) affirmed a decision not to grant the applicant an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer visa). The applicant sought review of this decision, but the Tribunal found that the applicant did not meet the prescribed criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 836 visa, particularly in light of the death of the sponsor. The Migration Regulations 1994, specifically regulation 1.15AA, outlines the requirements for a carer visa, including the need for a medical condition of the resident, a certificate attesting to the impairment, and the applicant's ability to provide substantial and continuing assistance.

The Tribunal reasoned that a critical requirement for the visa was that the sponsorship must be in force. As the sponsor had passed away, the sponsorship was no longer in force, and therefore the applicant could not meet the criteria for the visa. The Tribunal also noted that there was no material before it that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses that may have been considered.