Shah (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant sought this visa as a carer for an Australian relative, asserting that no other support was available. The decision under review concerned the Minister's assessment of the applicant's eligibility for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 116 (Carer) visa. This involved determining if the applicant could satisfy the requirements of clause 116.221 of Schedule 2 to the Migration Regulations 1994, which pertains to the carer provisions of the visa.

The Tribunal found that certain criteria for the Subclass 116 visa were met. Consequently, the Tribunal remitted the application back to the Minister for further reconsideration. The remittal was accompanied by a direction that clause 116.221 of Schedule 2 to the Regulations should be considered as satisfied.