Yacoub (Migration)

This matter concerned an application for an Other Family (Migrant) (Class BO) visa, Subclass 116 (Carer), by a US citizen and her family to provide care for her mother, an Australian citizen residing in Australia. The applicant's mother suffered from multiple medical conditions, including dementia, and required significant daily assistance. The applicant's sister, an Australian citizen, sponsored the application. The Administrative Appeals Tribunal was required to determine whether the visa applicant met the criteria for a carer visa.

The Tribunal was tasked with assessing whether the applicant qualified as a "carer" under regulation 1.15AA of the Migration Regulations 1994. This involved determining if the applicant was a relative of the Australian resident, if a valid certificate confirmed the resident's medical condition and resulting impairment requiring ongoing assistance, and if this assistance could not reasonably be provided by other Australian relatives or obtained from community services. The Tribunal also needed to consider if the applicant was willing and able to provide substantial and continuing assistance.

In its reasoning, the Tribunal found that the applicant was a relative of her mother and that the provided medical certificate met the regulatory requirements, confirming the mother's significant impairment and ongoing need for care. However, the Tribunal concluded that the applicant had not demonstrated that care could not reasonably be obtained from Australian welfare, hospital, nursing, or community services. Evidence suggested the applicant was under-utilising her current home care package and had made limited efforts to secure additional services, with the applicant's mother expressing a preference for care only from her daughters. The Tribunal also noted that the applicant's siblings residing in Australia were unable to provide the necessary care due to their own circumstances.

Despite finding that the applicant met some of the visa criteria, the Tribunal affirmed the decision not to grant the visa. It acknowledged the applicant's desire to care for her mother and provide respite for her siblings, but considered that a temporary visitor visa might be a more appropriate avenue for such purposes, potentially for periods up to one year, and that this option should be available to the applicants as US citizens.