2201559 (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Subclass 116 (Carer) visa. The visa applicant, Ms A, a national of Peru, sought to migrate to Australia to care for her sister, Ms B, who is an Australian resident. The delegate had refused the visa on the grounds that Ms A and Ms B had not established they were sisters, and that the required assistance for Ms B could not reasonably be provided by another relative in Australia or obtained from Australian welfare, hospital, nursing, or community services.

The Tribunal was required to determine whether the visa applicant met the criteria for a Subclass 116 (Carer) visa, specifically whether Ms A was a relative of Ms B, and whether the necessary assistance for Ms B could not reasonably be provided by another relative or obtained from Australian support services. The Tribunal also needed to consider if Ms B had a medical condition causing significant impairment requiring ongoing direct assistance for at least two years, and if Ms A was willing and able to provide such assistance.

The Tribunal found that the evidence submitted was sufficient to establish that Ms A and Ms B were sisters and that Ms B required ongoing direct assistance for at least two years due to her medical condition, which included suicidal ideation and attempts, and other mental health issues. Crucially, the Tribunal was satisfied, based on extensive enquiries detailed in a statutory declaration, that the required assistance could not reasonably be provided by another relative in Australia or obtained from Australian welfare, hospital, nursing, or community services, as these organisations were unable to provide the necessary level of ongoing support. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the criteria relating to the sister relationship and the inability to obtain assistance from other sources were met.