Godoy Velasquez (Migration)

The applicant, Godoy Velasquez, sought review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The core of the dispute concerned whether the applicant was the genuine carer of an Australian relative, as required by the visa criteria.

The AAT was required to determine whether the applicant met the prescribed criteria for the Subclass 836 visa. This involved assessing whether the applicant was the sole carer of an Australian relative, and whether assistance could reasonably be provided by another relative in Australia or obtained from community services. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses.

The Tribunal found that the applicant did not meet the criteria for the Subclass 836 visa. This was based on insufficient evidence to establish that the sponsor, who was living with her claimed former partner, had actually separated from that partner. The Tribunal also concluded that assistance could reasonably be provided by another relative in Australia and that assistance could be obtained from community services in Australia, thereby undermining the applicant's claim to be the sole and necessary carer. Furthermore, the Tribunal found no material to suggest the applicant met the criteria for any other visa subclasses.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Other Family (Residence) (Class BU) visas.