SALAZAR MACEDO (Migration)

This matter concerned an appeal by Ms Monica Carmen Salazar Macedo against a decision to affirm the refusal of her application for a Subclass 836 (Carer) visa. Ms Macedo sought to migrate to Australia as the carer of her Australian citizen nephew, Mr Alexander Mayorca Sanchez. The core of the dispute revolved around whether Mr Mayorca Sanchez's needs could not reasonably be provided or obtained from other sources, as required by the relevant migration regulations.

The Tribunal was required to determine whether Ms Macedo met the criteria for being a "carer" as defined by regulation 1.15AA of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether Mr Mayorca Sanchez had a physical, intellectual, or sensory impairment that prevented him from attending to the practical aspects of daily life, and whether this impairment would continue for at least two years. Crucially, the Tribunal also had to consider whether it was unreasonable for other adult family members of Mr Mayorca Sanchez, or for Australian welfare, hospital, nursing, or community services, including the National Disability Insurance Scheme (NDIS), to provide the necessary assistance.

The Tribunal reasoned that the elements of regulation 1.15AA were cumulative, meaning that failure to satisfy any one element would result in the application failing. While the Carer Visa Assessment Certificate indicated Mr Mayorca Sanchez had an impairment rating of 50 and required direct assistance for at least two years, the Tribunal found that Ms Macedo had not provided sufficient evidence to demonstrate that reasonable enquiries had been made to obtain assistance from other adult family members or from community services. The delegate's decision had noted the lack of information regarding whether services had been sought from Australian organisations, doctors, hospitals, nursing homes, or other community services, and the Tribunal found this deficiency remained.

Consequently, the Tribunal concluded that the decision under review should be affirmed.