Dissanayake Mudiyanselage (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 her Australian permanent resident daughter. The decision was made by a Tribunal member, M. Edgoose.

The primary legal issues before the Tribunal were whether the applicant met the criteria to be considered a "carer" under the Migration Regulations 1994. This involved determining if the applicant was a relative of the Australian resident, if a valid certificate established a medical condition causing impairment and a continuing need for assistance, and crucially, whether such assistance could not reasonably be provided by other relatives or obtained from Australian welfare, hospital, nursing, or community services.

The Tribunal found that while the applicant was a relative of the Australian resident and a valid certificate was provided regarding the daughter's medical condition and need for assistance, the applicant failed to satisfy the requirement that the assistance could not reasonably be obtained from other sources. The Tribunal noted that the investigation into alternative assistance was limited, and that the sponsor's opening of a business was not a sufficient reason to disregard the availability of community services. Consequently, the Tribunal affirmed the decision not to grant the visa.