1501962 (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, where the applicant sought to meet the secondary criteria as a member of the family unit of a primary student visa holder. The applicant claimed to have married the primary visa holder in 2005, but the primary visa holder had applied for their student visa in July 2014 without declaring the applicant. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for inclusion as a member of the family unit under clause 573.314 of the Migration Regulations 1994, specifically whether the applicant was declared in the primary person's application or subsequently notified to the Minister as required by regulation 2.07AF.

The Tribunal considered the requirements of clause 573.314, which outlines two pathways for family members to meet the secondary criteria. Subclause (2) requires the applicant to have become a member of the family unit before the primary person's visa was granted and to have been included in the primary person's application or in information provided in relation to that application under subregulation 2.07AF(3) or (4). Subclause (3) applies if the applicant became a member of the family unit after the primary person's visa was granted but before the applicant's own application was made. Regulation 2.07AF details the requirements for declaring family members in a Student (Temporary) (Class TU) visa application, both at the time of application and if a person becomes a family member after the application is made but before a decision is reached.

The Tribunal noted that the applicant did not dispute that her husband, the primary visa holder, failed to declare her in his July 2014 student visa application. Although the Tribunal granted an extension of time for the applicant to provide further material to investigate this declaration, no additional evidence was submitted after more than two months. Consequently, the Tribunal found that the applicant had not provided sufficient evidence to satisfy the requirements of clause 573.314, as she had not demonstrated that she was declared in the primary person's application or that the Minister was otherwise notified as required by regulation 2.07AF.

The Tribunal affirmed the decisions not to grant the visa applicants Student (Temporary) (Class TU) visas.