Nguyen (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant sought to be recognised as a carer for their Australian resident father. The decision under review affirmed the refusal of the visa.

The primary legal issue before the Tribunal was whether the visa applicant met the criteria for being a "carer" as defined by the Migration Regulations 1994. This involved determining if the applicant was a relative of the Australian resident, if a valid certificate established the resident's medical condition and need for ongoing assistance, and crucially, whether such assistance could reasonably be obtained from other relatives in Australia or from Australian welfare, hospital, nursing, or community services.

The Tribunal found that the applicant was a relative of the Australian resident and that a valid Carer Visa Assessment Certificate (CVAC) met the regulatory requirements, confirming the father's medical condition and his ongoing need for direct assistance. However, the Tribunal concluded that the applicant had not demonstrated that assistance could not reasonably be obtained from other sources. The evidence indicated that collective family assistance was available, and the applicant had made limited efforts to explore or obtain care services from Australian welfare, hospital, nursing, or community services.

Consequently, the Tribunal affirmed the decision not to grant the visa applicants the Other Family (Migrant) (Class BO) visas, as the criterion that assistance could not reasonably be obtained from other sources was not met.