WEI (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, specifically a Subclass 116 (Carer) visa. The applicant sought to be recognised as a carer for their Australian resident father. The Tribunal was required to determine whether the visa applicant met the definition of a 'carer' as defined in regulation 1.15AA of the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the visa applicant was a relative of the Australian resident, whether a valid certificate demonstrating the resident's medical condition and need for assistance had been provided, and whether the assistance could not reasonably be provided by other means. Specifically, the Tribunal had to consider if the provided certificate, though more than two years old, still satisfied the regulatory requirements given updated medical reports.

The Tribunal found that the visa applicant was a relative of the Australian resident, satisfying regulation 1.15AA(1)(a). It also determined that a certificate dated 26 May 2014 met the requirements of regulation 1.15AA(2), establishing the resident's medical condition, impairment, and ongoing need for assistance. Despite the age of the certificate, the Tribunal was satisfied, based on updated medical reports confirming the continued and potentially deteriorated medical condition, that the applicant still met the criteria for needing assistance for at least two years. The Tribunal concluded that the criteria under clause 116.221 of Schedule 2 to the Regulations were met.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with the direction that the criteria for a Subclass 116 (Carer) visa under clause 116.221 had been met.