RISTIC (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought review of a decision relating to their eligibility as a carer of an Australian relative. The decision was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 836 (Carer) visa, particularly in relation to Regulation 1.15AA(1)(b) and (c) as applied to clause 836.221 of Schedule 2 to the Regulations. The Tribunal was required to assess the evidence presented, including a Carer Visa Assessment Certificate provided upon review.

The Tribunal found that the applicant had satisfied the relevant criteria under Regulation 1.15AA(1)(b) and (c) for the purpose of clause 836.221. Consequently, the Tribunal remitted the applications for the visas to the Minister for reconsideration, with a direction that these specific criteria were met. The Minister was then to consider any remaining criteria for the Subclass 836 visa.