Fayze (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer), heard by the Administrative Appeals Tribunal (AAT). The applicant sought to be recognised as a carer for an Australian relative.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl 116.221 of the Migration Regulations 1994, specifically whether the applicant qualified as a 'carer' of an Australian relative. This involved determining if the applicant was a relative of the Australian resident, if the Australian resident had a medical condition requiring care, and if that care could not reasonably be provided by other means.

The Tribunal considered the evidence presented, including medical certificates and various forms. It noted a discrepancy in the application regarding who the Australian relative requiring care was. While the sponsorship form identified the sponsor's brother as the Australian relative, the application form declared the applicant's mother, an Australian citizen, as the person requiring care. Correspondence indicated a misunderstanding in the initial application, where the mother was intended to be the sponsor. The Tribunal found that the applicant did not meet the criteria for a Subclass 116 visa, nor did the material support a finding that the applicant met the criteria for any other visa subclasses considered.

Consequently, the Tribunal affirmed the decisions not to grant the visa applicants the Other Family (Migrant) (Class BO) visas.