Khaov (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass (Carer) visa. The visa applicant, the niece of an Australian resident, sought to be recognised as a carer for her aunt. The decision under review affirmed the refusal to grant the visa.

The primary legal issue before the Tribunal was whether the visa applicant met the criteria for being a 'carer' as defined by Regulation 1.15AA of the Migration Regulations 1994, particularly in relation to clause 116.221 of Schedule 2. This involved determining if the applicant was a relative, if a valid Carer Visa Assessment Certificate (CVAC) was issued and met regulatory requirements, and crucially, if the assistance required by the Australian resident could not be reasonably provided by other means.

The Tribunal was satisfied that the visa applicant was a niece and therefore a 'relative' of the Australian resident, meeting Regulation 1.15AA(1)(a). It also found that a valid CVAC had been issued and met the requirements of Regulation 1.15AA(2), confirming the resident's medical condition, the resulting impairment, and the ongoing need for assistance. However, the Tribunal was not satisfied that the visa applicant possessed the necessary experience or training to provide the substantial and continuing assistance required, nor that the assistance could not be reasonably obtained from other relatives or welfare services in Australia, as stipulated in Regulation 1.15AA(1)(e) and (f).

Consequently, the Tribunal affirmed the decision not to grant the visa applicants the Other Family (Migrant) (Class BO) visas, as the secondary visa applicant did not meet the primary criteria for the grant of such a visa.