Omara (Migration)

The Administrative Appeals Tribunal considered applications for Other Family (Residence) (Class BU) visas, specifically Subclass 836 (Carer) visas, made by three applicants. The primary dispute concerned whether the applicants met the criteria for a carer visa, particularly in relation to the need for assistance and the availability of alternative support.

The Tribunal was required to determine whether the first and second applicants met the criteria for a Subclass 836 visa, specifically Regulation 1.15AA(1)(b) and (c) of the Migration Regulations 1994, and whether the third applicant met the prescribed criteria for the visa sought. This involved assessing whether a medical condition caused a significant impairment, necessitating direct assistance, and crucially, whether such assistance could not reasonably be provided by other relatives or services in Australia.

The Tribunal reasoned that while a carer visa assessment certificate had been provided to the Tribunal, it had not been provided to the Department. The Tribunal found that the first and second applicants met the criteria under Regulation 1.15AA(1)(b) and (c), indicating they had established the necessary medical condition and impairment rating. However, the Tribunal noted that the crucial element of whether assistance could reasonably be provided by other relatives or services had not been considered. Consequently, the Tribunal remitted the applications for the first and second applicants for reconsideration with a direction that these criteria were met. For the third applicant, the Tribunal affirmed the decision not to grant the visa, finding that no material supported a finding that the prescribed criteria were met.