Ali (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant, Mr Muhammad Iqbal, sought to be recognised as a 'carer' for his Australian relative, Mr Basit Ali. The decision was made by a Member of the Tribunal, Andrew McLean Williams.

The primary legal issue before the Tribunal was whether the visa applicant, Mr Muhammad Iqbal, qualified as a 'carer' under regulation 1.15AA of the Migration Regulations 1994. This involved determining if the applicant met the criteria outlined in subregulation 1.15AA(1), including being a relative of the Australian resident, the existence of a qualifying medical condition certified by a health professional, the severity of the impairment, and the Australian resident's ongoing need for assistance.

The Tribunal found that the applicant met several key criteria. Mr Iqbal was a relative of Mr Basit Ali, who was an Australian citizen. A certificate from Dr Arvind Das confirmed that Mr Ali had a permanent, progressive neurological condition, 'global cortical atrophy', causing severe cognitive and behavioural impairment, resulting in a 30-point impairment rating. This rating exceeded the specified threshold, and Mr Ali was an Australian citizen with a continuing need for assistance for at least two years. The Tribunal was satisfied that these aspects of regulation 1.15AA(1) were met.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the criteria under clause 116.221 of Schedule 2 to the Regulations, relating to the applicant being a 'carer', were met. The Minister was to consider the remaining criteria for the Subclass 116 visa.