NGUYEN (Migration)

The Administrative Appeals Tribunal considered an application for Other Family (Residence) (Class BU) visas, specifically Subclass 836 (Carer) visas, made by two applicants. The primary dispute concerned whether the second applicant met the health criteria for the visa, which requires that their disease or condition is not likely to require care or services and result in significant cost to the Australian community.

The Tribunal was required to determine whether it had jurisdiction to consider the health of the second applicant, given that the applicants had divorced and the second applicant had returned to their home country. The Tribunal also needed to assess whether the first applicant met the health requirement, and if other members of the family unit met the health requirement.

The Tribunal found that it had no jurisdiction with respect to the second named applicant. However, it determined that the first named applicant met the health criteria under subclause 4005(1)(c) for the purposes of clause 836.224 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the first named applicant meets the specified health criteria.