Zhao (Migration)

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

The legal issues before the Tribunal were whether the visa applicant had claimed to be a 'carer' of an Australian relative at the time of application, and whether the applicant was a 'carer' of the Australian relative at the time of the decision. This involved assessing whether the applicant was a relative of the Australian relative and whether the necessary certification regarding a medical condition, impairment, and need for assistance was provided.

The Tribunal found that the applicant had indeed claimed to be a carer of an Australian relative, satisfying clause 116.211 of the Regulations. Furthermore, the Tribunal determined that the applicant was a relative of the Australian relative, meeting the requirements of regulation 1.15AA(1)(a). However, the provided text indicates that the assessment of the certification requirements under regulation 1.15AA(1)(b) and subsequent criteria was not fully detailed, leading to the decision to remit the matter.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the criteria under cl.116.211 and cl.116.221 of Schedule 2 to the Regulations were met. The remaining criteria for the Subclass 116 visa were to be considered further.