Hussein (Migration)

This matter concerned an application for Other Family (Residence) (Class BU) visas, specifically a Subclass 836 (Carer visa), by applicants who were citizens of the United States. The primary issue was whether the first named applicant, who claimed to be the carer of his mother, Ms Hussein, an Australian citizen, was willing and able to provide the necessary substantial and continuing assistance. The Tribunal was required to determine if the applicants met the prescribed criteria for the visa sought.

The legal issues before the Tribunal were whether the first named applicant qualified as a "carer" of Ms Hussein under regulation 1.15AA of the Migration Regulations 1994. This involved assessing whether Ms Hussein had a medical condition causing significant impairment, whether she required direct assistance for at least two years, whether such assistance could not reasonably be provided by other Australian relatives or obtained from community services, and crucially, whether the first named applicant was willing and able to provide the required substantial and continuing assistance.

The Tribunal considered evidence including the Department file, oral testimony, written submissions, documentary evidence, and movement records. It found that while the first named applicant was a relative of Ms Hussein, the evidence did not satisfy the requirement that he was willing and able to provide substantial and continuing assistance of the kind needed. The Tribunal noted that the impairment rating specified by the relevant instrument was not met. Consequently, the Tribunal affirmed the decision not to grant the applicants the visas.