SHEDID (Migration)

This matter concerned applications for Other Family (Residence) (Class BU) visas, specifically Subclass 836 (Carer) visas, made by Mrs Dima Shedid and Mr Raja Jabara. The dispute centred on whether Mr Jabara, the second applicant and son of the Australian resident requiring care, was the primary carer. The first applicant, Mrs Shedid, is Mr Jabara's spouse. The applications were considered by Deputy President Justin Owen of the Tribunal.

The legal issues before the Tribunal were whether the applicants met the criteria for a Subclass 836 (Carer) visa, particularly concerning the definition of a "carer" and an "Australian relative" as defined in the Migration Regulations. The Tribunal was required to determine if the first applicant, Mrs Shedid, who was not a relative, could be considered a carer in the context of the visa application, and whether the second applicant, Mr Jabara, was indeed the primary carer for his Australian citizen mother, Mrs Emelie El Khoury, who had significant health conditions and high dependency.

The Tribunal found that the circumstances were unusual due to an inadvertent error in the application process, accepting that both Mrs Shedid and Mr Jabara were witnesses of integrity whose testimony was consistent and reliable. The Tribunal was satisfied that the applicants had left professional employment in Botswana to care for Mrs El Khoury, who was widowed, had no children in Australia, and was facing the loss of her residence. Extensive medical evidence confirmed Mrs El Khoury's significant health issues and dependency. The Tribunal accepted that Mr Jabara had been providing care prior to his family's arrival and that both he and Mrs Shedid were carers at the time of application.

Consequently, the Tribunal remitted the applications for reconsideration with a direction that the criteria under cl 836.212 and cl 836.213 of Schedule 2 to the Regulations were met.