Sarmout (Migration)

This matter concerned an application for review of a delegate's decision regarding an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant, Mr. Fadi Sarmout, sought to be recognised as a carer for the resident, Ms. Zadekarim Zidan, who is the applicant's mother. The delegate had previously determined that certain criteria within the definition of 'carer' under regulation 1.15AA of the Migration Regulations 1994 were not met, leading to the refusal of the visa application.

The Tribunal was required to determine whether the applicant met the definition of a 'carer' as defined in regulation 1.15AA, particularly focusing on whether the applicant was a relative of the resident and whether a valid Carer Visa Assessment Certificate (CVAC) had been provided. The core of the dispute revolved around the interpretation and application of regulations 1.15AA(1)(a) and 1.15AA(1)(b), and whether the evidence presented satisfied these requirements for the grant of a Subclass 836 visa.

The Tribunal found that the applicant was indeed a relative of the resident, satisfying regulation 1.15AA(1)(a). Furthermore, the Tribunal accepted a CVAC dated 19 September 2019, which was issued by Bupa Medical Visa Services and signed by the assessing medical adviser. This certificate indicated that the resident had medical conditions causing impairments affecting her daily life, requiring direct assistance for at least two years, thereby meeting the requirements of regulation 1.15AA(1)(b).

Consequently, the Tribunal concluded that the criterion under clause 836.221 of Schedule 2 to the Regulations, relating to the applicant being a carer, was met. The Tribunal remitted the application for reconsideration by the Minister, with the direction that this specific criterion was satisfied.