Eugenio (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer), before the Tribunal. The primary issue for determination was whether the applicant met the definition of a 'carer' as prescribed by regulation 1.15AA of the Migration Regulations 1994. The applicant sought to establish that they were a relative of an Australian resident who required constant care and assistance due to a medical condition.

The Tribunal was required to assess whether the applicant satisfied the criteria outlined in regulation 1.15AA, specifically whether the applicant was a relative of the Australian resident, and if a valid certificate was provided detailing the resident's medical condition, the resulting impairment, and the ongoing need for direct assistance. Further, the Tribunal had to consider whether such assistance could not reasonably be provided by other means, either through other relatives or community services, and whether the applicant was willing and able to provide the necessary assistance.

The Tribunal found that the applicant was a relative of the Australian resident, satisfying regulation 1.15AA(1)(a). It also accepted that a certificate dated 4 July 2013 met the requirements of regulation 1.15AA(2) and addressed the matters specified in regulation 1.15AA(1)(b). However, the decision under review was affirmed because the applicant did not meet the criteria for a Subclass 116 visa. The Tribunal noted that there was no material before it that would permit a finding that the applicant met the prescribed criteria for the visa sought.