GORGEES (Migration)

The applicant sought review of a decision by the Migration Review Tribunal (MRT) which affirmed 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 met the criteria for this visa, particularly in relation to the provision of care and assistance to an Australian relative.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of the relevant migration regulations for a Subclass 836 visa. This involved determining whether the applicant was the carer of the Australian relative and whether assistance could reasonably be provided by other relatives of the sponsor. The Tribunal also considered whether a certificate provided by the applicant met the requirements of regulation 1.15AA(2) and whether there was adequate evidence regarding assistance from other relatives.

The Tribunal reasoned that the applicant had not demonstrated that they were the carer of the Australian relative. Furthermore, the evidence presented did not establish that assistance could not reasonably be provided by other relatives of the sponsor. Consequently, the Tribunal found that the applicant did not meet the prescribed criteria for the Subclass 836 visa.

The Tribunal affirmed the decision not to grant the applicant the Other Family (Residence) (Class BU) visa.