Denman (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer), before the Tribunal. The review applicant, the mother of the visa applicant, is an Australian citizen residing in Australia. The visa applicant, a Canadian citizen residing in Canada, claims to be her carer. The central issue for the Tribunal was whether the visa applicant met the definition of a 'carer' under the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant satisfied the criteria for being a 'carer' as defined in regulation 1.15AA of the Migration Regulations 1994. This involved assessing whether the visa applicant was a relative of the Australian resident, whether a valid certificate established a medical condition causing impairment and a continuing need for assistance, and whether such assistance could not reasonably be provided or obtained from other sources in Australia.

The Tribunal found that the visa applicant was a relative of the Australian resident, satisfying regulation 1.15AA(1)(a). Furthermore, a Carer Visa Assessment Certificate (CVAC) provided by BUPA Medical Visa Service met the requirements of regulation 1.15AA(1)(b) and (2), confirming the Australian resident's medical condition, the resulting impairment, and the ongoing need for direct assistance for at least two years. However, the Tribunal noted that other criteria, specifically concerning the inability to obtain assistance from other relatives or services in Australia, and the visa applicant's willingness and ability to provide assistance, had not yet been fully considered.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the criteria under clause 116.221 of Schedule 2 to the Regulations, relating to the applicant being a carer, were met.