Isidoro (Migration)

The Administrative Appeals Tribunal affirmed a decision not to grant Other Family (Migrant) (Class BO) visas, specifically Subclass 116 (Carer) visas, to the applicant. The sponsor of the visa application was the applicant's son, who was unable to meet his sponsorship obligations due to his mother (the applicant) suffering from dementia and being unable to care for herself. The applicant was not a specified relative of the sponsor within the meaning of the regulations.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for the Subclass 116 visa. This involved determining whether the applicant's mother, who required care, was considered a member of the sponsor's family unit for the purposes of the visa subclass, and whether the definition of "relative" in the relevant regulations encompassed the applicant's mother in this context.

The Tribunal reasoned that the regulations defining a family unit for the purpose of sponsorship obligations in the context of the Subclass 116 visa were restrictive. It found that the regulations only included a spouse, child, and dependant grandchild as members of the family unit who could require care. As the applicant's mother did not fall within these specified categories, she was not considered a member of the sponsor's family unit for the purpose of meeting the visa criteria. The Tribunal also noted that there was no material to suggest the applicant met the criteria for any other visa subclasses.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Other Family (Migrant) (Class BO) visas.