Abdulazeez (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer visa). The applicant sought to be recognised as a carer for an Australian resident relative. The Tribunal was required to determine whether the applicant met the criteria for a carer visa, particularly concerning the need for assistance and the inability to obtain such assistance from other sources.

The central legal issues before the Tribunal were whether the applicant was a "carer" of the Australian relative at the time of the decision, and whether the assistance required by the resident could not reasonably be provided by other relatives or obtained from Australian welfare, hospital, nursing, or community services. Regulation 1.15AA of the Migration Regulations 1994 defined a carer and outlined the conditions under which assistance was deemed necessary and unobtainable from alternative sources.

The Tribunal considered a Carer Visa Assessment Certificate which detailed the resident's significant medical conditions, including degenerative spinal disease, osteoarthritis, rotator cuff impingement, major depressive disorder, diabetes, and hypertension. These conditions resulted in severe functional impairments affecting upper and lower limb function, mobility, and mental health, leading to a finding that the resident was fully dependent on assistance for daily living activities. Despite the resident's profound need for care, the Tribunal found that the applicant had not demonstrated that the required assistance could not reasonably be obtained from other relatives who were Australian citizens, permanent residents, or eligible New Zealand citizens, nor that it could not be obtained from Australian community services. The Tribunal also noted that the applicant was not a "remaining relative" as defined by r.1.15(2) due to having near relatives residing in the United Kingdom, which meant the applicant could not meet the criteria for a Subclass 835 (Remaining Relative) visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 836 (Carer visa).