Naser (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant sought to migrate to Australia as the carer of their daughter, who was a permanent resident. The sponsor, the applicant's daughter, had provided a carer certificate indicating her preference for the applicant to provide care.

The central legal issue before the Tribunal was whether the visa applicant met the prescribed criteria for a Subclass 116 visa. This involved determining whether the sponsor had demonstrated that assistance could not reasonably be obtained from other sources, given that the sponsor had six adult children residing in Australia.

The Tribunal reasoned that the presence of six adult children in Australia meant that assistance could reasonably be obtained from other sources. Consequently, the applicant did not satisfy the requirement that they were the only available source of care. The Tribunal also noted that there was no material to suggest the applicant met the criteria for any other visa subclasses considered.

The Tribunal affirmed the decision not to grant the visa applicant the Subclass 116 visa.