Hermez (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, Subclass 836 (Carer), by Mr. Hermez and his family. The applicants sought to be granted this visa on the basis that Mr. Hermez was a carer for an Australian resident. The delegate of the Minister had refused to grant the visa, and this decision was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant, Mr. Hermez, satisfied the criteria for being a "carer" as defined by regulation 1.15AA of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was a relative of the Australian resident and if the resident had a medical condition that necessitated direct assistance, which could not be reasonably provided by others or obtained from welfare services, and if the applicant was willing and able to provide such assistance.

The Tribunal, applying regulation 1.15AA, found that the primary applicant had not satisfied the primary criteria for the visa. The decision text indicates that the applicant's relationship to the resident was that of a sister's husband, and it was presumed that no secondary applicants met the specific criteria outlined in clause 836.212. Consequently, the Tribunal concluded that the secondary applicants could not meet the requirements of clause 836.321.

The Tribunal affirmed the delegate's decision not to grant the applicants the Other Family (Residence) (Class BU) visa.