Yunan (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant had not initially provided a required Carer Certificate to the Department. However, the certificate was subsequently provided to the Administrative Appeals Tribunal (AAT). The AAT, constituted by Senior Member Kira Raif, was therefore required to determine the implications of this late submission and its impact on the visa application.

The central legal issue before the Tribunal was whether the applicant had met the criteria for the Subclass 836 visa, particularly in light of the Carer Certificate being provided after the initial departmental assessment. The Tribunal needed to consider the validity of the certificate when presented to it and whether its late submission precluded the applicant from satisfying the visa requirements.

The Tribunal found that the Carer Certificate, when provided, was valid. Applying the relevant provisions, specifically Regulation 1.15AA(1)(b) and (c) for the purpose of clause 836.221 of Schedule 2 to the Migration Regulations 1994, the Tribunal determined that the criteria for the visa were met. Consequently, the Tribunal remitted the applications for the visas to the Minister for reconsideration, with a direction that the specified criteria for the Subclass 836 (Carer) visa were satisfied.