Arizo (Migration)

The Administrative Appeals Tribunal considered whether the applicant met the definition of a "carer" under regulation 1.15AA of the Migration Regulations 1994, in relation to an application for an Other Family (Residence) (Class BU) visa. The applicant sought to establish that she was a carer for her mother, who is an Australian resident and has a medical condition.

The primary legal issue before the Tribunal was whether the applicant's mother had a medical condition that resulted in a physical, intellectual, or sensory impairment with an impairment rating of at least 30, as required by regulation 1.15AA(1)(c) and the relevant legislative instrument. This impairment rating was to be evidenced by a Carer Visa Assessment Certificate (CVAC).

The Tribunal noted that the applicant had provided an initial CVAC dated 29 October 2018, which assigned an impairment rating of only 5. Despite being advised by the Department and subsequently invited by the Tribunal to obtain a reassessment or provide evidence of arrangements for one, the applicant failed to submit a further CVAC meeting the minimum 30 impairment rating requirement. While the applicant provided various medical reports, none satisfied the specific requirements for a CVAC for carer visa purposes, and one explicitly stated it was not to be used for such applications. Consequently, the Tribunal concluded that the applicant had not demonstrated that her mother met the necessary impairment threshold, and therefore, the applicant did not satisfy the definition of a carer.

The Tribunal affirmed the decision not to grant the applicant the visa, finding that she had not met the prescribed criteria for a Subclass 836 visa. No material was presented that would allow a finding that the applicant met the criteria for any other visa subclasses sought.