Chiu (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a Subclass 500 (Student) visa. The applicant sought the visa as a secondary applicant, claiming to be in a de facto relationship with the primary applicant, Ms. Pui Ki Cheung. The core of the dispute revolved around whether the applicant met the criteria for a student visa as a member of the family unit of a student visa holder.

The Tribunal was required to determine if the applicant satisfied the secondary criteria for a Subclass 500 visa, specifically clause 500.311 of Schedule 2 to the Migration Regulations 1994. This clause mandates that a secondary applicant must be a member of the family unit of a person who holds a student visa. The applicant's eligibility was therefore contingent on Ms. Cheung holding a current student visa.

The Tribunal found that the applicant himself confirmed that Ms. Cheung no longer held a student visa, having applied for a combined employer nomination visa with him. Based on this admission, the Tribunal concluded that the applicant could not satisfy the requirement of being a member of the family unit of a current student visa holder. Consequently, it was unnecessary to consider the evidence regarding the genuineness of the de facto relationship. The Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.