Nguyen (Migration)

The Administrative Appeals Tribunal considered applications for Other Family (Residence) (Class BU) visas, specifically the Subclass 836 (Carer) visa. The dispute centred on whether the sponsorship requirement, a criterion that must be met at the time of decision, remained in force. The sponsor, an elderly woman in a fragile physical state, was the subject of scrutiny regarding the validity of her sponsorship.

The Tribunal was required to determine if the sponsorship, initially approved at the time of application, was still in force at the time of the decision, as mandated by regulation 836.227. This regulation requires that the sponsorship mentioned in regulation 836.213 has been approved by the Minister and is still in force. The Tribunal had previously requested updated sponsorship documentation, specifically a new Form 40, but this was not provided by the applicant's migration agents, leading to a potential failure to meet this criterion.

The Tribunal reasoned that while the initial request for a Form 40 was not met, a regrettable administrative error by the migration agents had adversely affected the applicants. Given the sponsor's advanced age and fragile health, the Tribunal expedited the matter. Subsequently, the applicants, through their agents, provided the requisite Form 40, thereby satisfying the requirements of regulation 836.227.

Consequently, the Tribunal remitted the applications for reconsideration, directing that the criterion under regulation 836.227 of Schedule 2 to the Regulations was met.