Nguyen (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa, by Ms Vu Minh Thuy Nguyen, a national of Vietnam. The applicant sought review of a decision not to grant her the visa. The original sponsorship for the visa was provided by the applicant's grandmother, an Australian citizen.

The primary legal issue before the Tribunal was whether the sponsorship, as required by clause 836.213 of the Migration Regulations, had been approved by the Minister and remained in force. The Tribunal was required to determine if the applicant continued to meet the eligibility criteria for the visa, particularly in light of significant changes in her personal circumstances and the status of her sponsor.

The Tribunal found that the applicant's sponsor, her grandmother, had passed away on 2 March 2017, prior to the assessment of the application. The applicant had provided a death certificate as evidence. The Tribunal noted that the applicant had ceased to be the carer of her grandmother and that her own circumstances had changed, including her divorce and remarriage to a person residing in Vietnam, with whom she had an infant child. The Tribunal concluded that there was no provision or discretion within the Carer visa regulations to grant a visa where the sponsorship was no longer in place due to the sponsor's death. Consequently, the applicant did not meet clause 836.227 of Schedule 2 of the Migration Regulations.

The Tribunal affirmed the decision not to grant Ms Nguyen the Subclass 836 (Carer) visa.