Carer Visa for Grandparent of Disabled Child Approved at AAT — Hypopituitarism and Intellectual Impairment
Case Summary
Grandparents seeking a Carer Visa to assist with their disabled grandson — diagnosed with hypopituitarism and a mild intellectual impairment — had their application refused by the Department. We took the matter to the AAT and secured a remittal to the Department with a positive outcome.
Background
The applicant sought a Carer (Subclass 836) visa to assist in caring for their disabled grandson, an Australian citizen. The child had been diagnosed with hypopituitarism — a permanent condition in which the pituitary gland fails to produce normal hormone levels, requiring lifelong hormonal replacement therapy and regular blood monitoring. He also had a mild intellectual impairment. The combination of these conditions required daily hands-on care. The applicant's care allowed the sponsor — the child's parent — to study and work and provide financial support for the family. The Department refused the Carer visa application and the applicant lodged a review to the AAT.
Challenges
- Carer visa criteria require showing that the care cannot be provided by any other Australian relative or by welfare, hospital, nursing or community services — a high evidentiary threshold
- The medical complexity of the child's condition required detailed clinical documentation
- The applicant needed to demonstrate a direct care relationship meeting the regulatory definition of assistance for at least two years
Outcome
The AAT accepted our submissions and the Carer Visa (Subclass 836) matter was remitted to the Department for reconsideration, resulting in a positive outcome for the applicant.
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