Al-Massaudi (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer), made by Mr Ali Adil Hasan Almasood. The review applicant, who is the visa applicant's aunt and an Australian citizen, sought to have a decision affirmed by the Tribunal. The core of the dispute revolved around whether the visa applicant met the criteria to be considered a 'carer' under the Migration Regulations 1994.

The Tribunal was required to determine whether the visa applicant satisfied the requirements of the Migration Regulations 1994, specifically concerning the definition of a 'carer' for the Subclass 116 visa. This involved assessing whether the visa applicant was a relative of the Australian citizen, whether the Australian citizen had a medical condition causing significant impairment requiring ongoing assistance, and crucially, whether such assistance could reasonably be provided by another relative or obtained from Australian service providers.

The Tribunal found that while the visa applicant was a relative of the Australian citizen and claimed to be a carer, and the Australian citizen had medical conditions requiring assistance, the applicant failed to meet the critical criterion that the assistance could not reasonably be provided by another relative or obtained from service providers. The Tribunal noted that the care was currently provided by the review applicant's husband, and that while cultural and religious reasons led to the decline of an offer of care through a government program, there was no evidence of investigation into available Muslim services. Consequently, the Tribunal affirmed the decision not to grant the visa.