1911291 (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to establish that they were the carer of an Australian citizen, Ms A. The Tribunal's decision was made by Justine Clarke.

The primary legal issue before the Tribunal was whether the applicant met the definition of a 'carer' under regulation 1.15AA of the Migration Regulations 1994. This involved determining if the applicant was a relative of Ms A, if Ms A had a qualifying medical condition requiring ongoing assistance, and crucially, whether such assistance could not reasonably be obtained from other relatives or Australian welfare services, and if the applicant was willing and able to provide the necessary care.

The Tribunal found that the applicant, who claimed to be Ms A's grandson, was indeed a relative as defined by the regulations, with no evidence to the contrary. The Tribunal also noted that the delegate had been satisfied with the evidence of the relationship. While the Tribunal had more evidence before it than the delegate, the decision text indicates that the Tribunal concluded that the matter should be remitted for reconsideration, implying that not all criteria for the visa had been definitively met or fully assessed at that stage.

Consequently, the Tribunal remitted the application for an Other Family (Residence) (Class BU) visa for reconsideration by the Minister, with a direction that certain criteria for a Subclass 836 (Carer) visa, specifically clause 836.221 of Schedule 2 to the Regulations, were met.