1907968 (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, Subclass 836 (Carer). The applicant sought to be recognised as a carer for her stepmother, who was an Australian citizen. The core of the dispute revolved around whether the applicant met the regulatory definition of a "carer" for the purposes of the visa subclass.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in regulation 1.15AA of the Migration Regulations 1994, specifically whether she was a carer of an Australian relative. This involved assessing whether the person requiring care had a medical condition causing a significant impairment, whether this need for assistance was ongoing for at least two years, and crucially, whether such assistance could not reasonably be provided by other Australian relatives or obtained from welfare or community services in Australia.

The Tribunal found that while the applicant had claimed to be a carer of an Australian relative (her stepmother), and the relationship was established, she failed to demonstrate that the required assistance could not be provided by other relatives or obtained from welfare or community services. The decision noted a lack of evidence to support these claims, including no assessment of eligibility for such services and indications of a family feud that might impede assistance from other relatives. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.