Markovska (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Mrs Zagorka Markovska's application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The dispute centred on whether Mrs Markovska met the definition of a "carer" as required by the Migration Regulations 1994. The delegate had previously determined that certain criteria within the definition of "carer" were not met, leading to the refusal of the visa application.

The Tribunal was required to determine if Mrs Markovska satisfied the criteria for being a "carer" under regulation 1.15AA of the Migration Regulations 1994. This involved assessing whether she was a relative of the resident (her aunt, Ms Danica Kostandinov) and whether a valid Carer Visa Assessment Certificate (CVAC) had been provided, demonstrating the resident's medical condition, resulting impairments, and ongoing need for direct assistance for at least two years. The Tribunal also needed to consider the broader requirements of the "carer" definition, including the inability to obtain assistance from other relatives or service providers, and the applicant's willingness and ability to provide substantial and continuing assistance.

The Tribunal found that Mrs Markovska was indeed a relative of the resident, satisfying regulation 1.15AA(1)(a). Furthermore, the Tribunal accepted the provided CVAC, dated 9 January 2022, as meeting the requirements of regulation 1.15AA(1)(b). This certificate confirmed the resident's medical conditions, the resulting impairments affecting her ability to attend to daily life, and her ongoing need for direct assistance for at least two years. The Tribunal noted that the delegate's decision had not fully considered the remaining criteria for the visa.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the criteria under clause 836.221 of Schedule 2 to the Regulations, as defined by regulation 1.15AA, were met.