Ali (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461, before the Tribunal. The applicant sought to demonstrate that they were a member of the family unit of a person who was outside Australia, would be accompanying the applicant to Australia, and would hold a special category visa upon entry.

The Tribunal was required to determine whether the applicant met the criteria stipulated in clauses 461.212(2)(b) and 461.221 of Schedule 2 to the Regulations. Specifically, the Tribunal needed to be satisfied that the applicant was a member of the family unit of a person who met the specified conditions regarding their presence outside Australia, intention to accompany the applicant, and visa status upon entry.

The Tribunal found both the applicant and the sponsor to be credible witnesses. The sponsor provided oral evidence that she and the applicant intended to remain a family unit upon their return to Australia, supported by family members and friends in Australia. She also indicated her intention to reside in Melbourne and her previous employment history. The applicant similarly expressed a desire to live in Australia as a family unit and stated he had maintained his employment as an Uber driver and possessed savings, although documentary evidence for the latter was not submitted. Based on this credible oral evidence, the Tribunal was satisfied that the sponsor would accompany the applicant to Australia and hold a special category visa on entry, thus meeting the requirements of clause 461.212(2)(b) and consequently clause 461.221.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clauses 461.212(2)(b) and 461.221 of Schedule 2 to the Regulations.