Ceballos (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to be recognised as a carer for Mr Shane Anthony Ross, an Australian citizen, who resides in Kerang, Victoria, with his wife, Mrs Imelda Roma Ross. The delegate had refused the visa on the grounds that the applicant did not satisfy the requirements of regulation 1.15AA(1)(e)(i) and (ii) of the Migration Regulations 1994, which relate to the inability of other relatives to provide assistance and the inability to obtain assistance from community services. The Administrative Appeals Tribunal (the Tribunal) considered the matter on review.

The Tribunal was required to determine whether the applicant met the definition of a 'carer' as defined in regulation 1.15AA of the Regulations, specifically concerning the availability of assistance from other relatives and community services. The Tribunal also considered the necessity of a Carer Visa Assessment Certificate (CVAC) and updated medical information regarding the resident's health condition, Parkinson's disease, and his need for a high level of personal care.

The Tribunal noted that the applicant's eligibility as a carer was contingent on the inability of other Australian relatives to provide the necessary assistance and the unavailability of such assistance from welfare, hospital, nursing, or community services. While updated medical information regarding Mr Ross's condition and care needs had been provided, a recent CVAC had not been submitted to the Tribunal. The Tribunal acknowledged that the last CVAC was issued in 2016 and that an updated certificate would assist in assessing the application. Given the circumstances, including the postponement of a previous hearing due to the lack of updated documentation, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for the Subclass 836 (Carer) visa for reconsideration by the Minister, with a direction that criterion 836.221 of Schedule 2 to the Regulations be considered met.