Saini (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The primary visa applicant sought to establish that he was a carer for the resident, who was an Australian permanent resident. The core dispute revolved around whether the primary visa applicant met the criteria for being a carer under regulation 1.15AA of the Migration Regulations 1994, particularly concerning the need for assistance and the inability to obtain it from other sources.

The Tribunal was required to determine whether the primary visa applicant was a "carer" of the resident as defined by regulation 1.15AA(1). This involved assessing whether the applicant was a relative of the resident, whether a valid certificate established a medical condition requiring ongoing direct assistance, and crucially, whether such assistance could not reasonably be provided by other relatives or obtained from Australian service providers. The Tribunal also needed to consider if the applicant was willing and able to provide the necessary assistance.

The Tribunal found that the primary visa applicant and the resident were indeed brothers, satisfying the relative requirement under regulation 1.15AA(1)(a). While the decision text indicates that the Tribunal had more evidence than the initial delegate, it does not detail the specific findings regarding the medical certificate or the attempts to obtain assistance from other sources. However, the Tribunal concluded that the matter should be remitted for reconsideration, directing that criterion 836.221 of Schedule 2 to the Regulations was met. This suggests that while some criteria were satisfied, further consideration was needed on other aspects of the visa application.