Li (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer), brought by a son seeking to care for his Australian citizen father. The dispute centred on whether the visa applicant met the criteria for being a "carer" as defined by the Migration Regulations 1994. The decision was made by Deputy President Justin Owen of the Tribunal.

The Tribunal was required to determine whether the visa applicant satisfied the requirements of clause 116.221 of the Migration Regulations, specifically whether he qualified as a "carer" of his Australian resident father. This involved assessing whether the applicant was a relative, whether a valid certificate confirmed the father's medical condition and need for assistance, and crucially, whether such assistance could not reasonably be provided by other relatives or obtained from Australian welfare, hospital, nursing, or community services.

The Tribunal found that the visa applicant was a relative of the Australian citizen father and that a valid Carer Visa Assessment Certificate confirmed the father's medical condition, resulting in a 40-point impairment rating and a continuing need for direct assistance for at least two years. However, the Tribunal concluded that the applicant failed to satisfy the critical criterion that the required assistance could not reasonably be provided by any other relative or obtained from Australian community services. The Tribunal noted that no attempts had been made to seek care from such organisations, and the applicant's desire for his son to provide care was considered a preference rather than a necessity driven by a lack of alternatives. The Tribunal was not satisfied that the applicant possessed the specialist skills required to provide the necessary assistance, nor was there evidence that such assistance could not be obtained from Australian welfare, hospital, nursing, or community services.

Consequently, the Tribunal affirmed the decision not to grant the visa applicants the Other Family (Migrant) (Class BO) visas.