Al Bermaney (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse to grant an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer), to Mr Ihsan Ali Abd Al-Jawazery. The visa applicant claimed to be a carer for his mother, Mrs Fawzia J Rashed Al Bermaney, who is an Australian citizen. The review applicant, Mrs Al Bermaney, suffers from significant medical conditions requiring daily personal care and constant supervision.

The primary legal issue before the Tribunal was whether the visa applicant, Mr Al-Jawazery, met the definition of a "carer" as defined in regulation 1.15AA of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the assistance Mrs Al Bermaney required could reasonably be obtained from welfare, hospital, nursing, or community services in Australia, and if there was insufficient assistance available from Australian family members.

The Tribunal reasoned that while Mr Al-Jawazery provided extensive personal care to his mother when she was in Iraq, there was limited evidence that he had made reasonable inquiries about the availability of in-home assistance or community services in Australia. The Tribunal noted that Mrs Al Bermaney had spent significant periods in Australia living with her daughter, Dr Areej Al-Jawazery, who is a medical practitioner. The Tribunal concluded that the visa applicant had not satisfied the criteria under clause 116.221 of Schedule 2 to the Regulations, which requires that care reasonably be obtained from Australian services or that Australian family members are unable to provide the necessary care.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.