Bader (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to demonstrate that they were a "carer" of their Australian resident sister, who required assistance due to a medical condition. The decision was made by the Tribunal, following a remittal from the Federal Circuit Court.

The primary legal issue before the Tribunal was whether the applicant met the definition of a "carer" as prescribed by regulation 1.15AA of the Migration Regulations 1994. This involved determining if the applicant was a relative of the Australian resident, if a valid certificate established the resident's medical condition and need for assistance, and crucially, if the applicant was willing and able to provide substantial and continuing assistance, and if such assistance could not reasonably be obtained from other sources.

The Tribunal found that the applicant was a relative of the Australian resident sister and that a valid Carer Visa Assessment Certificate met the requirements of regulation 1.15AA(1)(b) and (2), confirming the sister's medical condition, the resulting impairment, and the ongoing need for assistance for at least two years. However, the Tribunal concluded that it could not definitively determine whether the applicant was willing and able to provide the necessary assistance, nor whether other avenues for assistance were reasonably unavailable, as these aspects required further consideration.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the criteria relating to the applicant being a relative and the existence of a valid certificate establishing the need for care were met. The reconsideration was to address the remaining criteria for the Subclass 836 visa.