Altejos (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Altejos for an Other Family (Residence) (Class BU) visa, subclass 836 (Carer). The applicant sought to migrate to Australia to care for her mother, who was an Australian resident. The sponsor for the visa was the applicant's brother, who was also an Australian resident. The central dispute concerned whether the applicant met the criteria for the visa, specifically in relation to the person requiring care and the applicant's relationship to them.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the requirements of Schedule 1 of the *Migration Regulations 1994* (Cth) and Regulation 1.12 of those Regulations, which govern the grant of a Carer visa. This involved assessing whether the person requiring care (the applicant's mother) was an Australian resident and whether the applicant was a relative of that Australian resident who had a medical condition requiring care. The Tribunal also had to consider the role of the sponsor in this assessment.

The Tribunal found that the applicant's mother was an Australian resident and had a medical condition requiring care. However, the Tribunal noted that the sponsor was the applicant's brother, and the person requiring care was their mother. The regulations require the applicant to be a relative of the Australian resident who requires care. The Tribunal determined that the applicant was indeed a relative of her mother, who was an Australian resident. Consequently, the Tribunal remitted the decision to the Department of Home Affairs for reconsideration, finding that the applicant had established the necessary relationship for the visa application.