Nguyen (Migration)

The applicant sought review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The central dispute concerned whether the applicant's care needs could reasonably be provided by other relatives residing in Australia.

The MRT was required to determine whether the applicant's care needs could be met by any other relative, as stipulated by the visa criteria. This involved assessing the applicant's claims that care could not be provided by other relatives against the possibility that care could be appropriately provided by a combination of professional services and existing relatives in Australia.

The Tribunal found that the applicant's care needs could indeed be appropriately met by a mixture of professional services and relatives already present in Australia. Consequently, the applicant did not satisfy the prescribed criteria for the Subclass 836 visa. The Tribunal affirmed the decision not to grant the visa.