Kanacki (Migration)

The Administrative Appeals Tribunal considered the application of Mr Kanacki, who sought review of a decision not to grant him an Other Family (Residence) (Class BU) visa. The primary issue before the Tribunal was whether Mr Kanacki met the criteria to be considered a "carer" of his Australian resident mother, as defined by regulation 1.15AA of the Migration Regulations 1994.

The Tribunal was required to determine if Mr Kanacki satisfied the requirements of regulation 1.15AA(1), specifically whether he was a relative of the Australian resident, and if a valid Carer Visa Assessment Certificate met the stipulated conditions. These conditions included the existence of a medical condition in the Australian relative or a family unit member, causing specific impairments, with a defined impairment rating, and a continuing need for direct assistance for at least two years. The Tribunal also had to consider whether the certificate was issued by an authorised health provider and whether the applicant was willing and able to provide substantial and continuing assistance.

The Tribunal found that Mr Kanacki was indeed the son of the Australian relative, thus satisfying the "relative" requirement under regulation 1.15AA(1)(a). Furthermore, the Tribunal was satisfied that a valid Carer Visa Assessment Certificate, issued on 19 April 2016, met all the requirements of regulation 1.15AA(2). The certificate evidenced a medical condition causing the specified impairments, with an impairment rating of 30, and a continuing need for assistance for at least two years, thereby satisfying regulation 1.15AA(1)(b). The Tribunal concluded that the provided certificate met all the necessary criteria outlined in the regulations.

Despite finding that the applicant met the criteria for being a carer, the Tribunal noted that there was no material before it to suggest that Mr Kanacki met the prescribed criteria for any other visa subclasses he may have sought. Consequently, the Tribunal affirmed the original decision not to grant Mr Kanacki an Other Family (Residence) (Class BU) visa.