Nguyen (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 not to grant the visa. The primary issue revolved around the sponsorship requirements for this visa subclass, particularly in light of the sponsor's death.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning the sponsorship approval and its continued validity. The regulations stipulated that a sponsorship must be approved by the Minister and remain in force at the time of the decision. The applicant's mother, an Australian resident, was initially the sponsor. However, the applicant and his mother had departed Australia, and only the applicant returned. The Department raised concerns about the applicant's role as a carer given this travel history.

The Tribunal noted that the sponsor, the applicant's mother, had passed away in Vietnam on 19 August 2015, prior to the Department's assessment of the application in October 2016. The applicant provided a translated death certificate to confirm this. The Tribunal reasoned that the death of the sponsor effectively terminated the sponsorship arrangement, meaning the requirement for an approved and in-force sponsorship could no longer be met. Consequently, the Tribunal affirmed the decision not to grant the visa, finding no material that would permit a finding that the applicant met the prescribed criteria for the visa sought, including other potential visa subclasses.