ALMSODNE (Migration)

This matter concerned an application for review of a decision to refuse an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant, Ms Seham Latef Ghanem Almsodne, sought to be recognised as the carer for her father, Mr Lateef Ghanim Luaibi Almsodni, who was the sponsor and resident in Australia. The core dispute revolved around whether the applicant met the criteria to be considered a "carer" under the relevant regulations.

The Tribunal was required to determine whether the applicant satisfied the requirements of regulation 1.15AA of the Migration Regulations 1994. Specifically, the Tribunal had to assess if the applicant was a relative of the resident, if a valid certificate was provided confirming the resident's medical condition and need for care, and if assistance could not reasonably be obtained from service providers in Australia. The applicant's cultural and language preferences for family care, as well as her travel history, were also relevant considerations in the overall assessment.

The Tribunal found that the applicant was a relative of the resident, satisfying regulation 1.15AA(1)(a). Furthermore, a Carer Visa Assessment Certificate dated 28 October 2021, issued by Bupa Medical Visa Services, was accepted as meeting the requirements of regulation 1.15AA(1)(b) and (2). This certificate confirmed the resident's medical conditions, the resulting impairments to his daily life, and his ongoing need for direct assistance for at least two years. However, the Tribunal noted the absence of an assessment by an aged care assessment team and substantive evidence of contact with Australian service providers, which were crucial for establishing that assistance could not reasonably be obtained in Australia. The applicant's extended travel to a third country was also considered.

The Tribunal affirmed the decision under review, concluding that the applicant had not satisfied all the necessary criteria for the grant of the Subclass 836 visa.