Abay (Migration)

This matter concerned an appeal to the Tribunal regarding the refusal of a Partner (Provisional) (Class UF) visa, subclass 309. The primary applicant, Mrs Selam Yosief Tesfaslase, applied for the visa sponsored by Mr Efraim Debasay Welela Abay. The visa applicant, who claimed to be the primary applicant's stepson and the son of her former partner, applied as a dependent of the primary applicant. The delegate refused the application, and a review was sought.

The Tribunal was required to determine whether the visa applicant met the definition of a 'member of the family unit' as defined in Regulation 1.12 of the Migration Regulations 1994, both at the time of the visa application and at the time of the decision. This involved assessing whether the visa applicant was a dependent child of the primary applicant, which in turn required consideration of the definition of 'dependent' under Regulation 1.05A. Specifically, the Tribunal had to ascertain if the visa applicant was wholly or substantially reliant on the primary applicant for financial support for basic needs over a substantial period, and if this reliance was greater than on any other person or source.

The Tribunal affirmed the delegate's decision, finding that the visa applicant did not satisfy the criteria for the visa. This conclusion was based on a lack of corroborative evidence demonstrating the visa applicant's dependence on the primary applicant, particularly given the length of the claimed relationship. Furthermore, the evidence regarding the primary applicant's relationship with the visa applicant's father was unsatisfactory, and formal adoption was only obtained after the visa refusal. The Tribunal found that the evidence presented did not establish the necessary dependency as required by the regulations.