SENIMOLI (Migration)

The applicant sought an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 Carer visa. The applicant's sponsor had demised, and the applicant requested that the Administrative Appeals Tribunal (AAT) refer the case to the Minister for Intervention. The AAT, however, decided to refer the case to the Department for further investigation rather than directly to the Minister for Intervention. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether it had erred in its decision to refer the applicant's case to the Department for further investigation, rather than making a direct referral to the Minister for Intervention, following the demise of the visa sponsor. The Tribunal was required to consider the appropriate pathway for processing the visa application in light of this significant change in circumstances.

The Tribunal affirmed its decision to refer the case to the Department. It reasoned that there were facts or circumstances that warranted further investigation by the Department before any potential referral to the Minister. This approach indicated that the Tribunal considered further factual development necessary to properly assess the applicant's eligibility or the circumstances surrounding the application, particularly in the context of the sponsor's death. The Tribunal ultimately affirmed the decision not to grant the visa at that stage, pending the outcome of the departmental investigation.