Ansari (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer). The visa applicant, who is the brother of the review applicant and uncle of the person requiring care, claimed to be a carer for his sister, Mrs Bibi Hamida Ansari, and her son, Sidiqullah Ansari. The Tribunal was required to determine whether the visa applicant met the criteria for a Subclass 116 visa.

The Tribunal considered whether the visa applicant was a 'carer' as defined by the Migration Regulations 1994. This involved assessing whether the applicant was a relative of an Australian citizen, whether a medical condition certified by a health professional met specific impairment and duration requirements, and crucially, whether the required assistance could not reasonably be provided by other Australian relatives or obtained from welfare, hospital, nursing, or community services. The Tribunal also examined the applicant's willingness and ability to provide substantial and continuing assistance.

The Tribunal found that while the visa applicant was a relative of an Australian citizen and a medical certificate had been provided, the applicant did not satisfy the criteria that the required care could not reasonably be provided by other Australian relatives or obtained from community services. Evidence indicated that the person requiring care's husband had been mainly unemployed, suggesting potential for care by other family members, and that overseas travel by the family had occurred. Consequently, the Tribunal affirmed the decision not to grant the visa.