Dhali (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 573, by Mr Dhali, who claimed to be a member of the family unit of the primary visa holder, Ms Dhali. The Administrative Appeals Tribunal was required to determine whether Mr Dhali met the criteria for being a member of the family unit at the time of the decision.

The central legal issue was whether Mr Dhali satisfied clause 573.314 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant claiming to be a member of the family unit of a primary visa holder to have become a member of that family unit before the grant of the primary visa and to have been included in the primary person's application, or for the relationship to have been notified to the Minister if it arose after the application but before the decision.

The Tribunal considered the evidence presented, including Mr Dhali's assertion that he and Ms Dhali were unaware of Australian migration law requirements and did not declare their spousal relationship because they had not lived together for 12 months at the time of the application. However, the Tribunal found that Mr Dhali did not meet the requirements of clause 573.314, as he had not been included in Ms Dhali's application, nor had the relationship been notified to the Minister as required by regulation 2.07AF. Consequently, the Tribunal affirmed the delegate's decision not to grant Mr Dhali the visa.