ISSA (Migration)

This matter concerned an appeal before the Tribunal regarding the refusal of an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer). The visa applicant sought to migrate to Australia as a carer for her mother, who was an Australian citizen. The central dispute revolved around whether the assistance the sponsor required could not reasonably be provided by any other relative in Australia or obtained from Australian welfare, hospital, nursing, or community services.

The legal issues before the Tribunal were to determine if the visa applicant satisfied the requirements of regulation 1.15AA of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the assistance the sponsor required could not reasonably be provided by any other Australian citizen, permanent resident, or eligible New Zealand citizen relative, or whether such assistance could not reasonably be obtained from welfare, hospital, nursing, or community services in Australia.

The Tribunal's reasoning focused on the second limb of regulation 1.15AA(1)(e), concerning the availability of community services. While acknowledging the sponsor's personal circumstances and the applicant's desire to provide care, the Tribunal found that the evidence presented did not sufficiently demonstrate that the required assistance could not reasonably be obtained from welfare, hospital, nursing, or community services in Australia. The Tribunal noted a lack of independent evidence from relevant service providers to support this claim, with the applicant primarily relying on statements from family members. Consequently, the Tribunal was not satisfied that this criterion was met.

As a result of not being satisfied that the criteria for the grant of the visa had been met, the Tribunal affirmed the decision not to grant the visa applicants their Other Family (Migrant) (Class BO) visas.