Immigration Solutions Lawyers work closely with clients to ensure that if their visa applications are initially refused by the Department of Immigration and Border Protection (DIBP), steps can be taken to achieve a more positive outcome by reviewing the merits of the decision.

The applicant is seeking a Carer (subclass 836) Visa to assist in the care of their disabled grandson. The child was diagnosed with the permanent condition known as hypopituitarism, where the pituitary gland fails to produce normal levels of hormones and as a result he will require lifelong hormonal replacement and monitoring of his blood hormone levels. He also suffers from a mild intellectual impairment. The combination of the hypopituitarism and intellectual impairment requires daily care that the applicants have committed to providing. This allowing the sponsor to study and work to provide financial income for the family.

The applicant’s Carer (subclass 836) Visa application was refused by the Department of Immigration and Border Protection. The applicant applied for a review to the Administrative Appeals Tribunal (AAT) and came to Immigration Solutions Lawyers for help once they had received a request for further information from the AAT.

The criterion to qualify for a carer visa are that the person must be a relative of a resident (Australian citizen, resident or eligible New Zealand Citizen) who has a medical condition or impairment that requires direct assistance for at least 2 years. It must also be shown that the assistance cannot be provided by any other Australian relative of the resident, welfare, hospital, nursing or community services.

Immigration Solution Lawyers were able to work with the applicant to create a thorough submission addressing all relevant criteria. The submission detailed the relationship between the Australian Citizen and the carer, as well as the medical conditions suffered by the Australian Citizen. It was highlighted that the care could not be provided by any other Australian relative and all claims were supported by documents including medical records and reports from the Australian Citizen’s treating physician, physiotherapist and speech pathologist.

Immigration Solution Lawyers were able to obtain a positive outcome at the Administrative Appeals Tribunal and the applicants Carer Visa (Subclass 836) case was remitted back to the DIBP.

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