Youel (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 a carer for her spouse, Mr Youel, who was an Australian citizen. The Tribunal was required to determine whether the applicant met the criteria for being a "carer" as defined by the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant satisfied the definition of a "carer" under regulation 1.15AA(1) of the Migration Regulations 1994. This involved assessing whether the applicant was a relative of the Australian resident, whether the Australian resident had a medical condition causing impairment requiring assistance, and crucially, whether such assistance could not reasonably be provided by other relatives or obtained from service providers in Australia.

The Tribunal found that the applicant was a relative of Mr Youel, who was an Australian citizen usually resident in Australia, satisfying the definition of an "Australian relative" under regulation 1.03 and clause 836.212. The Tribunal also noted that the applicant met the requirements of regulation 1.15AA(1)(a) and (b) concerning the medical condition and the need for assistance. However, the Tribunal concluded that it lacked sufficient information to determine whether the assistance Mr Youel required could reasonably be obtained from other relatives or service providers in Australia, as stipulated in regulation 1.15AA(1)(e).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the criteria under clauses 836.212 and 836.221 of Schedule 2 to the Regulations were met. The Minister was to consider the remaining criteria for the Subclass 836 visa.