1819672 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Subclass 836 (Carer) visa. The applicant sought to migrate to Australia to care for their parent, who suffered from multiple chronic health conditions including coronary artery disease, diabetes, and bilateral knee osteoarthritis. The central dispute concerned whether the parent could reasonably obtain the necessary care and support from available Australian services, given the applicant's proposed role as a carer.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Other Family (Residence) (Class BU) visa, specifically whether the parent's need for assistance was such that it could not be reasonably met by Australian support services. This involved assessing the evidence presented regarding the parent's medical conditions and the availability and accessibility of formal care services within Australia.

In its reasoning, the Tribunal considered the evidence of the parent's health conditions and the impact these had on their daily life. Crucially, the Tribunal examined an assessment from the Aged Care Assessment Team (ACAT), which indicated significant wait times, ranging from six to fifteen months, for the provision of formal aged care services. The Tribunal found that these substantial delays meant that the parent could not reasonably obtain the required assistance from relevant services in a timely manner. Consequently, the Tribunal determined that the applicant had met the visa criteria. The decision under review was remitted to the Department of Home Affairs for reconsideration.