2114612 (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to provide care for her granddaughter, who is the daughter of the applicant's son, an Australian permanent resident. The core of the dispute revolved around whether the applicant met the criteria for being a "carer" under the Migration Regulations 1994, particularly concerning the inability of other relatives or service providers to offer the necessary assistance.

The legal issues before the court were whether the assistance required by the care recipient could not reasonably be provided by any other relative of the resident who is an Australian citizen, permanent resident, or eligible New Zealand citizen, and whether such care could not reasonably be obtained from welfare, hospital, nursing, or community services in Australia. These questions directly addressed the requirements of regulation 1.15AA(1)(e)(i) and (ii) of the Migration Regulations.

The court found that the matter should be remitted for reconsideration. While the applicant was established as a relative of the resident and a certificate regarding the care recipient's medical condition and need for assistance was provided, the Tribunal concluded that the assessment of whether the assistance could not reasonably be provided by other relatives or obtained from service providers required further consideration. Consequently, the Tribunal remitted the application for a Subclass 836 (Carer) visa to the Minister for reconsideration of the remaining criteria.