MAKO (Migration)

The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The dispute concerned whether the applicant met the criteria for this visa, which requires the applicant to be a carer of an Australian relative who has a medical condition causing physical, intellectual, or sensory impairment, and for whom assistance cannot be reasonably provided by another relative or by organisations and care facilities.

The primary legal issue before the Senior Member was whether the applicant satisfied the prescribed criteria for the Subclass 836 visa. This involved an assessment of the nature of the relative's impairment, the availability of assistance from other relatives, and the capacity of organisations and care facilities to provide the necessary full-time assistance.

The Senior Member found that the applicant did not meet the criteria for the Subclass 836 visa. The decision indicates that there was no material before the Tribunal that would permit a finding that the applicant met the prescribed criteria for the visa sought, including the specific requirements relating to the carer role and the limitations on alternative care arrangements. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.