Sourori (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer visa). The applicant, Mr Bobby Sourori, sought to migrate to Australia to care for his nephew, Mr Mahan Kousedghi, who is an Australian citizen. The decision under review was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant qualified as a "carer" of the Australian relative as defined by regulation 1.15AA of the Migration Regulations 1994, and whether the caree's needs for assistance could not be reasonably met by other relatives or Australian community services. The Tribunal noted that the elements of regulation 1.15AA are cumulative, meaning failure to meet any one element would result in the applicant not meeting the regulation overall.

The Tribunal found that the applicant had claimed to be a carer of an Australian relative at the time of application, satisfying clause 836.212. It also considered the definition of "carer" under regulation 1.15AA, which requires the applicant to be a relative of the caree, that the caree has a medical condition causing impairment, and a continuing need for direct assistance. Crucially, the Tribunal considered whether this assistance could reasonably be provided by other relatives or obtained from Australian welfare, hospital, nursing, or community services.

Given the findings, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the criteria under clauses 836.211 and 836.221 of Schedule 2 to the Regulations were met, and the application was remitted to the Minister for consideration of the remaining criteria for a Subclass 836 visa.