Huang (Migration)

This matter concerned an appeal by Ms Fei Huang against a decision not to grant her an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The visa was sought to allow Ms Huang to provide care to Mr Strik, an Australian resident suffering from severe mental illness. The core of the dispute revolved around whether Mr Strik could reasonably receive the necessary assistance from other relatives in Australia or from available welfare, hospital, nursing, or community services, and conversely, whether Ms Huang was willing and able to provide substantial and continuing assistance.

The Tribunal was required to determine if the criteria for the Subclass 116 visa were met, particularly concerning the availability of alternative care for Mr Strik and Ms Huang's capacity to provide the required support. This involved assessing whether Mr Strik's needs could be met by other Australian relatives or by community services, and if Ms Huang possessed the willingness and ability to offer ongoing, substantial care. The Tribunal also considered the evidence presented regarding Mr Strik's medical condition, including a Carer Visa Assessment Certificate indicating a 30-point impairment rating due to schizoaffective disorder, and the steps taken, or not taken, to secure alternative care.

The Tribunal reasoned that while Ms Huang expressed willingness to provide care, including preparing meals, assisting with medication, hygiene, and appointments, there was insufficient evidence that other avenues for care had been exhausted. Specifically, the Tribunal noted the absence of attempts to seek other in-home assistance, hospital, community, or other services for Mr Strik, despite a request for NDIS assistance having been submitted. The Tribunal concluded that Ms Huang did not meet the criteria for the Subclass 116 visa, as the requirement for demonstrating that assistance could not reasonably be obtained from other sources was not satisfied.

Consequently, the Tribunal affirmed the decision not to grant Ms Huang the Other Family (Migrant) (Class BO) visa. No material was presented that would permit a finding that Ms Huang met the prescribed criteria for any other visa subclasses that may have been considered.