JABRO (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant, Ms. Hanan Bious, sought to be recognised as a 'carer' for her mother, Mrs. Elshoah Esho Jabro, who is an Australian citizen. The dispute before the Tribunal revolved around whether Ms. Bious met the regulatory requirements to be considered a carer, including the need for substantial and continuing assistance that could not be reasonably obtained or provided by other means.

The Tribunal was required to determine whether Ms. Bious satisfied the criteria for being a 'carer' under the Migration Regulations 1994, specifically clauses 116.211 and 116.221. This involved assessing whether she was a relative of the Australian resident, whether a valid Carer Visa Assessment Certificate had been provided demonstrating a medical condition and ongoing need for assistance, and crucially, whether such assistance could not reasonably be obtained from other relatives or welfare services in Australia, and if the applicant was willing and able to provide the necessary substantial and continuing assistance. The Tribunal also considered the eligibility of secondary applicants, Ms. Bious' husband and three children.

The Tribunal found that Ms. Bious met the initial claim to be a carer of an Australian relative (her mother) and that she was indeed a relative of the Australian resident. It also considered the Carer Visa Assessment Certificate provided. The core of the Tribunal's reasoning focused on the requirement that assistance cannot reasonably be obtained from other relatives or welfare services, and that the applicant must be willing and able to provide substantial and continuing assistance. While the Tribunal was satisfied that the sponsorship extended to the secondary applicants, it ultimately concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for Other Family (Migrant) (Class BO) visas for reconsideration. It directed that the criteria for a Subclass 116 (Carer) visa under clauses 116.211 and 116.221 of Schedule 2 to the Regulations were met, and that the secondary applicants met the criteria under clause 116.312 of Schedule 2 to the Regulations.