1502683 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (subclass 309) visa. The primary visa applicant was granted a visa, but her daughter, the secondary visa applicant, was refused on the basis that she was not a member of her mother's family unit, as defined by regulation 1.12. The delegate's decision was based on findings of substantial financial reliance of the daughter on her biological father to meet basic needs.

The legal issue before the Tribunal was whether the secondary visa applicant was a member of the family unit of the primary visa applicant, specifically concerning the criterion of financial dependence. The Tribunal was required to assess the evidence regarding the financial contributions made by the primary visa applicant and her husband to the daughter's support, and the extent of any financial reliance on the daughter's biological father.

The Tribunal reasoned that the evidence presented indicated that the primary visa applicant and her husband contributed significantly to the daughter's financial support, including rent, tuition fees, and clothing. While the daughter's biological father had provided some support in the past, his ability to do so was limited by his income. The Tribunal found that the primary visa applicant's contributions, facilitated by her husband's higher income, were substantial and intended to meet the daughter's needs. Consequently, the Tribunal concluded that the daughter met the criteria for being a member of the family unit.

The Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant meets the criteria specified in clauses 309.311 and 309.321 of Schedule 2 to the Regulations.