Vu (Migration)

This matter concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The applicant sought to be recognised as the carer for her sponsoring mother, who was the applicant's mother. The dispute before the Administrative Appeals Tribunal (AAT) involved the applicant's eligibility for the visa, particularly concerning her intention to reside permanently in Australia and her capacity to provide care.

The Tribunal was required to determine whether the applicant was a genuine carer for her mother, considering the mother's health condition and the availability of other care services. A key issue was the applicant's initial refusal for the visa, which had been based on her perceived lack of intention to reside permanently in Australia. The Tribunal also needed to assess whether the assistance required by the sponsor could reasonably be obtained from other sources, such as welfare or community services, and whether the applicant was willing and able to provide substantial and continuing assistance.

The Tribunal acknowledged that the applicant's circumstances and perspective had changed significantly since the initial refusal. She expressed a strong and emphatic intention to reside permanently in Australia, having become integrated into the local community and appreciating the safety of Australian life. While the Tribunal noted the sponsor's remarkable improvement in health and the provision of some government-assisted care for 14 hours per week, the applicant maintained that she was solely responsible for her mother's care outside these hours. The Tribunal considered the public policy behind the Carer visa, which aims to facilitate home-based care for elderly family members.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister. The Tribunal directed that certain criteria for the Subclass 836 visa, including those relating to being a carer and meeting specific regulatory requirements, were to be considered met.