1503654 (Migration)

The Administrative Appeals Tribunal considered the application of an individual seeking a Skilled Regional Sponsored (Provisional) subclass 489 visa. The applicant was seeking to be recognised as a member of the family unit of a primary visa holder, which would allow them to qualify for the visa.

The central legal issue before the Tribunal was whether the applicant met the criteria outlined in clause 489.311 of the Migration Regulations. This clause requires the applicant to be a member of the family unit of a primary applicant who holds one of several specified provisional visas.

The Tribunal found that the evidence, including departmental movement records and oral testimony, established that the purported primary applicant had been granted a permanent subclass 887 visa on 7 May 2015. Consequently, the primary applicant no longer held the subclass 475 visa, which was one of the qualifying visas prescribed in clause 489.311. As the applicant was not a member of the family unit of a person holding a qualifying visa, they could not satisfy the criteria for the grant of the subclass 489 visa. The Tribunal affirmed the decision not to grant the visa.