Habo-Karomy (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to be recognised as a carer for their Australian relative. The decision was made by Deputy President Justin Owen.

The primary legal issue before the Tribunal was whether the applicant met the definition of a "carer" as defined in regulation 1.15AA of the Migration Regulations 1994. This involved determining if the applicant was a relative of the Australian resident, if a valid certificate established a medical condition requiring ongoing direct assistance, and if such assistance could not reasonably be provided by other relatives or obtained from community services.

The Tribunal found that the applicant was a relative of the Australian resident, satisfying regulation 1.15AA(1)(a). It was also satisfied that a Carer Visa Assessment Certificate issued by Dr Langford met the requirements of regulation 1.15AA(2), confirming the Australian relative's medical condition, the resulting impairment, and the ongoing need for direct assistance for at least two years. The Tribunal concluded that the applicant met the criteria under clause 836.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the applications for the visas to the Minister for reconsideration. The direction was that the first-named visa applicant met the criteria under clause 836.221, and the second, third, and fourth-named applicants met the criteria under clause 836.321 of Schedule 2 to the Regulations.