LAM (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Subclass 116 (Carer) visa. The applicant, a citizen of Vietnam, sought to migrate to Australia to care for his elderly Australian mother, who had an impairment rating of 35 points and required direct assistance with all aspects of her daily life. The secondary applicants were the applicant's spouse and daughter.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 1.15AA of the Migration Regulations 1994, specifically whether the required assistance could not reasonably be provided by other relatives in Australia or obtained from Australian welfare, hospital, nursing, or community services. The Tribunal also considered whether the applicant was willing and able to provide substantial and continuing assistance.

The Tribunal found that the applicant had not made enquiries about support from other relatives in Australia, nor had he provided evidence of the sponsor's current care arrangements beyond periodic assistance from friends and neighbours. The applicant's lack of detailed knowledge regarding his mother's living arrangements and financial support, coupled with his assertion that he and his wife would work upon arrival, suggested an insufficient commitment to providing the necessary full-time care. Consequently, the Tribunal concluded that the applicant had not demonstrated that assistance could not reasonably be obtained from other sources or that he was willing and able to provide the required care.

The Tribunal affirmed the delegate's decision not to grant the visa applicants Other Family (Migrant) (Class BO) visas, finding that the applicant did not meet the prescribed criteria for the visa sought.