Bekhet (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant sought this visa as a carer for an Australian relative. The core of the dispute revolved around whether the applicant could provide substantial and continuing care to the sponsor, and whether sufficient care was available from other Australian relatives. Factors such as the applicant's husband's work in regional areas, limited community support, and domestic responsibilities for minor children were relevant considerations.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 116 visa, particularly concerning the provision of substantial and continuing care and the availability of alternative care. This involved assessing the applicant's capacity to provide the necessary care and evaluating the extent to which other Australian relatives could fulfil this role.

The Tribunal found that certain criteria for the Subclass 116 visa were met, specifically cl.116.221 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that these identified criteria be considered as satisfied.