Kamaz (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant claimed to be a carer for her aunt, an Australian citizen. The Tribunal was tasked with determining whether the applicant met the criteria for this visa subclass.

The primary legal issues before the Tribunal were whether the applicant qualified as a "carer" under regulation 1.15AA of the Migration Regulations 1994, and whether she met the requirements for a "remaining relative" under regulation 1.15(2) for a Subclass 835 visa. Specifically, the Tribunal had to assess if the applicant's aunt had a qualifying medical condition requiring ongoing assistance, if such assistance could not reasonably be obtained from other sources, and if the applicant was willing and able to provide that assistance.

The Tribunal found that while the applicant was a relative of the Australian citizen and a valid Carer Visa Assessment Certificate had been provided, satisfying the medical condition and need for assistance requirements, she failed to demonstrate that assistance could not reasonably be provided by other relatives or obtained from community services. Furthermore, the Tribunal determined that the applicant was not a "remaining relative" as defined by regulation 1.15(2) because she had parents and sisters residing in Lebanon who were not Australian citizens, permanent residents, or eligible New Zealand citizens usually resident in Australia.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Other Family (Residence) (Class BU) visa. The applicant did not meet the criteria for either the Subclass 836 (Carer) visa or the Subclass 835 (Remaining Relative) visa.