Girgis (Migration)

The Administrative Appeals Tribunal considered whether a visa applicant qualified as a carer for a relative residing in Australia, under the Other Family (Migrant) (Class BO) visa subclass 116. The review applicant, who suffers from Parkinson's disease and requires significant assistance with daily life, sought to have the visa applicant, who is her mother, recognised as a carer. The central dispute revolved around whether the visa applicant met the definition of a "carer" as prescribed by the Migration Regulations 1994.

The Tribunal was required to determine if the visa applicant satisfied the criteria for being a carer, specifically focusing on regulation 1.15AA(1)(e). This regulation mandates that the required assistance cannot reasonably be provided by any other Australian relative or obtained from Australian welfare, hospital, nursing, or community services. The Tribunal also considered the review applicant's claim of needing 24-hour care and the capacity of her other children and siblings residing in Australia to provide such assistance.

In its reasoning, the Tribunal noted that the review applicant has six adult children and a brother living in Australia. It found that the review applicant's daughter, Nancy, who had previously provided care and received a carer payment, possessed the necessary skills and was available to provide assistance on weekends and for specific tasks, despite her current employment. Another daughter, Rania, who lives with the review applicant and receives a carer payment, was also considered. Although Rania is studying, the Tribunal found that her study commitments did not preclude her from providing assistance, and there was no immediate indication of her plans to move out. Given the availability of these relatives, the Tribunal concluded that the assistance required by the review applicant could reasonably be provided by them.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant an Other Family (Migrant) (Class BO) visa, finding that the visa applicant did not meet the prescribed criteria for a carer under the relevant regulations.