Diec (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Subclass 116 (Carer) visa. The primary applicant, a 42-year-old Vietnamese national, sought to migrate to Australia to care for his 97-year-old grandmother, Ms Diec Anh, who resides in Australia. Ms Diec Anh is described as elderly and frail, wheelchair-bound, and requiring assistance with daily life. The application was sponsored by Ms Diec Anh, who lives with her husband and one of her children.

The central legal issue before the Tribunal was whether the primary visa applicant met the criteria for a Subclass 116 (Carer) visa, specifically whether the care required by Ms Diec Anh could not reasonably be provided by other relatives in Australia or obtained from community services, and whether the applicant was willing and able to provide substantial and continuing assistance. The Tribunal had to consider the medical evidence regarding Ms Diec Anh's health conditions and the statements provided by her family members regarding their ability to provide care.

The Tribunal considered the evidence, including medical reports indicating Ms Diec Anh's impairment ratings and statements from her daughter and son-in-law detailing their own health issues and inability to provide full-time care. However, the Tribunal also noted that Ms Diec Anh was receiving assistance from a Level 2 home care package and that her daughter and son-in-law, who reside with her, were contributing to her care. The Tribunal concluded that the requirement that assistance could not reasonably be obtained from welfare, hospital, nursing, or community services in Australia was not sufficiently met, particularly given the existing support services and the presence of other relatives.

Consequently, the Tribunal affirmed the decision not to grant the visa. The Tribunal suggested that the visa applicant might consider applying for a temporary visitor visa, and urged the Department to give careful and fair consideration to any such future application.