Federal Court. Can it be said that, in forming a view, for the purposes of r 1.15AA(1)(e) of the Migration Regulations 1994 (Cth), "as to whether the assistance cannot reasonably be (a) provided by any other relative of the resident (being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen), or (b) obtained from welfare, hospital, nursing or community services in Australia, it is necessary for the Tribunal to have regard to the nature and extent of the relevant person’s need for direct assistance in attending to the practical aspects of daily life"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Is the reference to "the assistance" in the definition of 'carer' in r 1.15AA(1)(e) of the Migration Regulations 1994 (Cth) a reference to the assistance described in r 1.15AA(1)(b)(iv)?
Question 2: Is the reference to "the medical condition" in the definition of 'carer' in r 1.15AA(1)(b)(iv) a reference to the medical condition described in r 1.15AA(1)(b)(i)?
Question 3: Can it be said that, in forming a view, for the purposes of r 1.15AA(1)(e), "as to whether the assistance cannot reasonably be (a) provided by any other relative of the resident (being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen), or (b) obtained from welfare, hospital, nursing or community services in Australia, it is necessary for the Tribunal to have regard to the nature and extent of the relevant person’s need for direct assistance in attending to the practical aspects of daily life"?
Question 4: If the answer to Question 3 is 'yes', is it "necessary for the Tribunal to make express findings about those matters"?
Question 5: Must the words "cannot reasonably be obtained" under r 1.15AA(1)(e)(ii) "construed by reference to reasonableness from the point of view of the person requiring assistance"?
The FCA answered those questions as follows: