1920335 (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The review applicant sought to act as a carer for their sponsor's wife, who was an Australian citizen and required assistance with daily living activities due to a medical condition. The core of the dispute revolved around whether the necessary care could be reasonably obtained from other relatives or from Australian welfare, hospital, nursing, or community services. The decision was made by Justin Meyer.

The legal issues before the Tribunal were whether the review applicant met the criteria for being a carer of an Australian relative, specifically whether the assistance required by the caree could reasonably be obtained from any other relative in Australia or from Australian welfare, hospital, nursing, or community services. Additionally, the Tribunal considered whether the sponsorship requirements were met.

The Tribunal found that the review applicant satisfied the requirement of claiming to be the carer of an Australian relative, as defined by the Migration Regulations 1994. The caree was an Australian citizen requiring assistance with mobility, personal care, and medication supervision, as evidenced by medical certificates. The Tribunal noted that the sponsor's lengthy absences for employment and the limitations of health and aged care services in Australia, coupled with the caree's heavy reliance on the applicant for professional and ongoing therapeutic medical advice, were factors to be considered in assessing whether the care could be reasonably obtained elsewhere.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that certain criteria for the Subclass 836 (Carer) visa were met.