Mills (Migration)

This matter concerned an application for a Subclass 836 (Carer) visa, brought by an applicant seeking to care for her father, Martin Thorne, an Australian resident. The dispute before the Tribunal was whether the applicant met the definition of a "carer" as prescribed by the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the requirements of clause 836.221 of Schedule 2 to the Regulations, specifically concerning the definition of a "carer" under regulation 1.15AA. This involved assessing whether a Carer Visa Assessment Certificate (CVAC) provided by the applicant met the stringent requirements of subregulation (2) of regulation 1.15AA and whether it established the necessary medical condition, impairment rating, and ongoing need for assistance of the sponsor, Martin Thorne.

The Tribunal found that while the initial application lacked a satisfactory CVAC, a certificate subsequently provided by BUPA, a specified health provider, met the requirements of regulation 1.15AA(2). This certificate confirmed that Martin Thorne had a medical condition causing physical, intellectual, or sensory impairment, necessitating direct assistance for at least two years, with an assigned impairment rating of 40, exceeding the minimum requirement of 30 specified in the relevant legislative instrument. Consequently, the Tribunal concluded that the criteria under regulations 1.15AA(2), 1.15AA(1)(b), and 1.15AA(1)(c) were met.

Given these findings, the Tribunal remitted the applications for the Subclass 836 (Carer) visa to the Minister for reconsideration, with a direction that the specified criteria relating to the definition of a carer were satisfied.