Matakaiongo (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to be recognised as the carer of her aunt, an Australian permanent resident. The decision under review was affirmed by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria to be considered a 'carer' of an Australian relative. This involved determining if the applicant was a relative of the Australian resident, and crucially, whether a Carer Visa Assessment Certificate (CVAC) met the regulatory requirements, particularly concerning the medical condition of the Australian relative and the specified impairment rating.

The Tribunal considered the definition of 'carer' under regulation 1.15AA of the Migration Regulations 1994. While the applicant was found to be a relative of the Australian resident, the central issue revolved around the CVAC. The applicant had provided a CVAC dated 15 May 2018, which indicated an overall impairment rating of 15 points. Regulation 1.15AA(1)(c) specifies that the impairment rating must equal or exceed a rating specified in a legislative instrument, which in this case required a minimum of 30 points. As the provided CVAC did not meet this minimum threshold, and no further or reassessed CVAC had been provided by the time of the delegate's decision, the applicant failed to satisfy this essential criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 836 visa, finding that the applicant did not meet the prescribed criteria for the visa sought.