Carer Visa Granted Despite Eight Australian Citizen Relatives in Sydney
Case Summary
A carer visa application was refused on the basis that the caree had eight children who were all Australian citizens living in Sydney. We successfully argued before the Tribunal that, due to each child's personal and financial circumstances, none could reasonably provide the required care.
Background
Our client was physically unwell and needed a carer to assist her. She sponsored her son and his family to come to Australia on a Carer Visa. The initial application was refused because she had eight children who were all Australian citizens and lived in Sydney — the Department found that she should be able to obtain care from one of her existing Australian relatives.
Challenges
- Eight Australian citizen children in Sydney meant the initial application was refused on the 'existing relatives' grounds
- Demonstrating that despite their Australian residency, none of the eight children could reasonably provide care
- Establishing that the applicant required personal family-based care she could not afford to obtain commercially
Outcome
The Tribunal accepted the argument. The applicant's son was granted a Carer Visa, and visas were also obtained for his wife and child.
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