Devi (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of an applicant seeking an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant's eligibility for this visa depended on their status as a "carer" of an Australian resident. The Tribunal also briefly considered the applicant's ineligibility for a Subclass 835 (Remaining Relative) visa due to the location of their near relatives.

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 definition requires, among other things, a certificate confirming a medical condition of the Australian relative, the resulting impairment, and a specified impairment rating. The Tribunal also had to determine if the provided certificate met the requirements of regulation 1.15AA(2) and if the impairment rating met or exceeded the threshold set by a legislative instrument.

The Tribunal's reasoning focused on regulation 1.15AA(1)(c), which mandates that the impairment rating specified in the carer visa assessment certificate must be equal to or exceed the rating specified in IMMI 07/012, which is 30. The applicant's provided certificate from Bupa Medical Visa Services assigned an impairment rating of 10. As this rating was below the required threshold, the Tribunal concluded that the applicant did not satisfy the definition of a "carer" under the regulations. Furthermore, the Tribunal noted that the applicant did not qualify for a Subclass 835 visa as their near relatives resided in the same country as them, contrary to the requirements of clause 835.212.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 836 visa.