RIMA (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought review of a decision made by a delegate of the Minister. The Tribunal, constituted by Moira Brophy, was required to determine whether the applicant met the criteria for the visa.

The central legal issue was whether the applicant had satisfied the requirements of regulation 1.15AA of the Migration Regulations 1994, particularly in relation to the definition of a "carer" and the provision of a valid Carer Certificate. Clause 836.221 of Schedule 2 to the Regulations requires the applicant to be the carer of an Australian resident at the time of the decision. The delegate had initially found that the applicant had failed to provide a Carer Certificate, preventing satisfaction of the impairment rating requirement for the resident.

The Tribunal found that a Carer Certificate provided during the review process, dated 17 July 2019, met the requirements of regulation 1.15AA(2) and addressed the matters specified in regulation 1.15AA(1)(b)(i)-(iv). Consequently, the Tribunal was satisfied that the requirements of regulation 1.15AA(1)(b) and (c) were met. However, as the delegate had not assessed the remaining criteria due to the initial lack of a certificate, the Tribunal determined that the most appropriate course was to remit the application for reconsideration to allow the delegate to assess these outstanding requirements. The Tribunal ordered that the application be remitted for reconsideration with a direction that the criteria under regulation 1.15AA(1)(b) and (c) for the purpose of clause 836.221 of Schedule 2 to the Regulations were met.