1803815 (Migration)

This case concerned an application for an Other Family (Residence) (Class BU) visa, Subclass 836 (Carer). The applicant sought to migrate to Australia to care for her mother, the sponsor, and her mother's husband. The dispute centred on whether the applicant met the definition of a "carer" as defined in regulation 1.15AA of the Migration Regulations 1994. The Administrative Appeals Tribunal was required to determine if the sponsor's medical conditions met the criteria for requiring the applicant's care, specifically regarding the level of impairment and the ongoing need for assistance.

The Tribunal was tasked with assessing whether the sponsor had a medical condition causing physical, intellectual, or sensory impairment that affected her ability to attend to the practical aspects of daily life. It also needed to determine if this impairment would necessitate direct assistance for at least two years, and if such assistance could not reasonably be provided by other relatives or obtained from Australian welfare services. The Tribunal had to consider two Carer Visa Assessment Certificates (CVACs) provided by the applicant, one from 2017 with an impairment rating of 10, and a later one from 2018 with a rating of 20, both of which indicated the sponsor did not meet certain criteria for requiring direct assistance.

The Tribunal's reasoning focused on the requirements of regulation 1.15AA. Despite the later CVAC assigning a higher impairment rating of 20, the Tribunal noted that both certificates recorded that the sponsor did not have a medical condition causing physical, intellectual, or sensory impairment affecting her ability to attend to the practical aspects of daily life, nor did she have a need for direct assistance that would continue for at least two years. Consequently, the Tribunal found that the applicant did not satisfy the definition of a carer under the regulations. The Tribunal affirmed the decision not to grant the visa.