QAZIZADA (Migration)

This matter concerned an appeal by Qazizada against a decision of the Administrative Appeals Tribunal (the Tribunal) to affirm a decision to refuse an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer). The visa applicant, who was the first named applicant, claimed to be a carer for an Australian relative.

The Tribunal was required to determine three key issues: first, whether the first named visa applicant claimed to be a carer of an Australian relative at the time of application; second, whether the assistance required by the Australian relative could not reasonably be provided by any other relative who was an Australian citizen, permanent resident, or eligible New Zealand citizen; and third, whether the assistance could not reasonably be obtained from welfare, hospital, nursing, or community services in Australia. The Tribunal also considered a non-disclosure certificate issued under s 376 of the Migration Act 1958 (Cth) by the Department of Home Affairs, which related to information relevant to two of the issues under review.

The Tribunal found that it could not confidently conclude that the first named visa applicant and the review applicant's wife were sisters, particularly in light of previous DNA testing conducted under a different name that yielded inconsistent results. Consequently, the Tribunal decided against ordering further DNA testing. Even if the applicants were sisters, the Tribunal was not satisfied that the first named visa applicant was a carer at the time of the decision, as required by cl 116.221 of the Regulations. The Tribunal also noted that a certificate provided did not meet the requirements of reg 1.15AA(2) and that it was not satisfied that assistance could not be provided by or obtained from welfare, hospital, nursing, or community services in Australia.

Accordingly, the Tribunal affirmed the decision under review.