LI (Migration)

The applicant sought review of a decision to refuse an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant claimed to be a carer for her mother, Ms Yuqin Hua, who is an Australian permanent resident. The central dispute concerned the validity and currency of the Carer Visa Assessment Certificate (CVAC) provided by the applicant.

The Tribunal was required to determine whether the applicant had provided a valid CVAC demonstrating that Ms Hua continued to have a medical condition requiring direct assistance for at least two years, and whether the applicant met the criteria under clause 836.212 of the Regulations, which requires the applicant to claim to be the carer of an Australian relative.

The Tribunal noted that the applicant had provided a CVAC dated 16 October 2013, which was more than two years old at the time of the visa application. Despite requests from the Department for a new CVAC, and indications that arrangements were being made, no updated certificate was provided before the delegate's decision. However, the Tribunal found that the applicant had demonstrated she was the daughter of Ms Hua, an Australian permanent resident, thus satisfying the definition of an "Australian relative" for the purposes of the visa.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the criterion under clause 836.212 of Schedule 2 to the Regulations was met.