Dang (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The visa applicant sought to care for her nephew, who is profoundly disabled, and her sister, who requires assistance in caring for her son. Both the nephew and his mother are Australian citizens. The decision under review was made by the Migration Review Tribunal.

The Tribunal was required to determine whether the visa applicant met the criteria for a Subclass 116 visa, particularly concerning her status as a "carer" of an "Australian relative." This involved assessing whether the applicant was a relative of the Australian citizen requiring care, whether that person had a medical condition causing significant impairment, and whether the necessary assistance could not reasonably be obtained from other sources in Australia. The Tribunal also needed to consider if the applicant was willing and able to provide substantial and continuing assistance.

The Tribunal found that the visa applicant satisfied the requirements of clauses 116.211 and 116.221 of the Regulations, establishing her claim to be a carer of an Australian relative and her willingness and ability to provide care. The Tribunal also confirmed that the applicant met clause 116.212, as she was sponsored by her sister, who was an adult Australian citizen. However, the provided text indicates that not all criteria were fully assessed or satisfied at the time of the original decision.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that specific criteria for the Subclass 116 visa, including clauses 116.211, 116.221, 116.311, and 116.321, were met.