Truong (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant, Ms. Truong, sought to migrate to Australia to care for her mother, who is an Australian resident. The Tribunal's decision was made by Member Peter Vlahos.

The primary legal issues before the Tribunal were whether the visa applicant met the definition of a 'carer' under Regulation 1.15AA of the Migration Regulations 1994, and whether a secondary applicant, Ms. Ma's son, met the criteria for the visa. This involved assessing whether the provided Carer Visa Assessment Certificate satisfied the requirements of Regulation 1.15AA(2) and whether the applicant was a relative of the Australian resident, and if the medical condition of the Australian resident necessitated the applicant's care.

The Tribunal found that the applicant, being the daughter of the Australian resident, met the requirement of being a 'relative' under Regulation 1.15AA(1)(a). Furthermore, the Tribunal was satisfied that the Carer Visa Assessment Certificate, issued on 23 July 2014, met the requirements of Regulation 1.15AA(2). The certificate indicated that the Australian resident had a medical condition causing impairment, specified an impairment rating of 50, and confirmed a continuing need for direct assistance for at least two years. The Tribunal also found that the sponsorship for the primary applicant included sponsorship for family members, satisfying the criteria for the secondary applicant.

Consequently, the Tribunal remitted the applications for reconsideration with a direction that the criteria for the Subclass 116 (Carer) visa under cl.116.221 and cl.116.321 of Schedule 2 to the Regulations were met.