Lazarevic (Migration)

This matter concerned applications for Other Family (Migrant) (Class BO) visas, specifically Subclass 116 (Carer) visas. The visa applicant, Mr. Goran Mitrovic, sought to migrate from Serbia to Australia to care for his nephew, Mr. Dalibor Lazarevic, an Australian citizen residing in Geelong. Mr. Lazarevic suffers from severe vision impairment, making him legally blind, and also experiences chronic depression, anxiety, and agoraphobia, requiring significant assistance with daily living activities. The review applicant, Mr. Lazarevic, contended that only his uncle could provide the necessary level of care due to the specific nature of his needs. The decision was made by the Tribunal.

The primary legal issues before the Tribunal were whether the visa applicant qualified as a "carer" under the Migration Regulations 1994, and whether the sponsorship requirements for the visa were met. Specifically, the Tribunal had to determine if the assistance Mr. Lazarevic required could reasonably be obtained from any other relative in Australia or from Australian welfare, hospital, nursing, or community services. The Tribunal also considered whether the sponsorship by Mr. Lazarevic encompassed the sponsorship of his family members who were also visa applicants.

The Tribunal reasoned that the visa applicant, Mr. Mitrovic, was a relative of the Australian citizen, Mr. Lazarevic, and that Mr. Lazarevic had a medical condition causing significant physical and psychological impairment, necessitating ongoing care for at least two years. The Tribunal was satisfied that Mr. Lazarevic had a permanent or long-term need for assistance and that the assistance could not reasonably be provided by any other relative in Australia or obtained from Australian services, considering the specific nature of Mr. Lazarevic's conditions, including cultural barriers and his psychological state. The Tribunal also found that the sponsorship of the primary visa applicant included the sponsorship of his family members.

Consequently, the Tribunal remitted the applications for the Subclass 116 (Carer) visas for reconsideration. The Tribunal directed that the criterion under clause 116.221 of Schedule 2 to the Regulations, relating to the sponsorship of the person satisfying the primary criteria, was met. For the secondary applicants, the Tribunal remitted their applications to the Minister for consideration of the remaining visa grant criteria.