ZHAO (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant was sponsored by her brother, Mr Dominic Ming Zhe Zhao. The Tribunal was required to determine whether the sponsorship requirements were met at the time of the decision.

The primary legal issue before the Tribunal was whether the sponsorship, as required by clause 116.212 of Schedule 2 to the Regulations, remained in force at the time of the decision. This clause mandates that at the time of application, the visa applicant must be sponsored by an eligible Australian relative or their spouse or de facto partner, who must meet specific criteria including age, cohabitation, and citizenship or residency status.

The Tribunal found that the applicant was sponsored by her brother, Mr Zhao, who had turned 18. As Mr Zhao was not the spouse or de facto partner of the Australian relative, the specific cohabitation and citizenship/residency requirements for a spouse or de facto partner sponsor were not applicable. The Tribunal was satisfied that the applicant was sponsored as required by the legislation at the time of application. Furthermore, the applicant's representative confirmed that the applicant continued to be sponsored by Mr Zhao at the time of the decision.

Consequently, the Tribunal remitted the applications for the Subclass 116 (Carer) visas for reconsideration by the Minister. The Tribunal directed that the criteria under cl 116.212 and cl 116.222 of Schedule 2 to the Regulations were met, allowing for the assessment of the remaining visa criteria.