Amendments to provisions in the Migration Regulations 1994 concerning the definition of Carer in Regulation 1.15AA
9 November 2009 Legislation Change
Client summary
From 9 November 2009 the definition of Carer in the Migration Regulations 1994 (the Regulations) is amended to provide that:
- the assistance required by the Australian relative cannot reasonably be provided by onshore relatives. The purpose of this amendment is to ensure that decision makers can conclude that assistance could reasonably be provided by relatives residing in Australia even in circumstances where those relatives residing in Australia claim to be unwilling or unable to provide assistance; and
- where the person who is the subject of the Health Services Australia Certificate is a member of the sponsor’s family unit, that person must also be an Australian citizen, permanent resident or eligible New Zealand citizen.
Affected legislation
The following provisions of the Regulations are amended:
- Regulation 1.15AA.
Additional information
Nil.
Transitional provisions
The amendments apply to applications made on or after 9 November 2009.
Forms
Forms will be updated by April 2010. An addendum will be issued by 7 November 2009.
Instructions
PAM3: PAM3 will be amended to reflect these changes by 9 November 2009.