Nazari (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, subclass 116 (Carer), where the review applicant was an Australian citizen with a genetic disorder affecting her mobility. The applicant’s mother was the primary carer, and the applicant sought to have her mother granted a visa to continue providing care in Australia. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Regulation 1.15AA(1)(e) of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the necessary assistance for the Australian citizen could not reasonably be provided by either another relative in Australia or obtained from welfare, hospital, nursing, or community services in Australia.

The Tribunal accepted that the assistance could not reasonably be provided by other relatives in Australia. However, it found that the applicant had not made a genuine endeavour to ascertain the availability of services from welfare, hospital, nursing, or community services in Australia. The Tribunal noted that only one attempt had been made to engage with local council services, which the applicant found unsatisfactory. Furthermore, the applicant had not made inquiries about culturally sympathetic services, citing a preference for care from known individuals. Consequently, the Tribunal was not satisfied that the assistance could not reasonably be obtained from such services in Australia, and therefore, the requirements of Regulation 1.15AA(1)(e)(ii) were not met.

As a result of these findings, the Tribunal concluded that the visa applicant did not satisfy the criteria for a carer visa, and accordingly, affirmed the decision not to grant the visa.