Awad (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for Other Family (Migrant) (Class BO) visas, specifically Subclass 116 (Carer) visas, made by the applicant. The core of the dispute concerned whether the applicant met the prescribed criteria for the visa, particularly in relation to the need for a family member to provide care and the involvement of external carers.

The Tribunal was required to determine whether the applicant satisfied the criteria for a Subclass 116 visa, which necessitates a finding that there is no other relative in Australia or overseas who is able to provide the required care. This involved assessing the applicant's circumstances, including the emotional needs of the applicant and the extent to which family members or external carers could meet those needs.

In reaching its decision, the Tribunal found that the visa applicant did not meet the criteria for a Subclass 116 visa. Furthermore, for other visa subclasses considered, the Tribunal determined there was no material that would permit a finding that the applicant met the prescribed criteria. Consequently, the Tribunal affirmed the decision not to grant the visa applicants the Other Family (Migrant) (Class BO) visas.