Ganab (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Skilled (Provisional) (Class VC) visa, specifically the post-study work stream of the Subclass 485 (Temporary Graduate) visa. The applicant was the husband of the primary applicant, Ms Arlette Ganab, and sought to be recognised as a dependant family member. The core of the dispute arose from the primary applicant's withdrawal of her own visa application, which had significant implications for the applicant's eligibility.

The Tribunal was required to determine whether the applicant met the requirements of clause 485.311 of the Migration Regulations 1994. This clause stipulates that an applicant must be a member of the family unit of a person who holds a Subclass 485 visa granted on the basis of satisfying primary criteria, and that a combined application must have been made, or that the applicant is a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa granted on the basis of satisfying primary criteria.

The Tribunal reasoned that the applicant's eligibility was contingent on the primary applicant, Ms Ganab, holding a valid Subclass 485 visa. The evidence established that Ms Ganab had withdrawn her application on 29 September 2021. Consequently, as the primary applicant no longer held the requisite visa, the applicant could not satisfy the definition of a member of a family unit for the purposes of clause 485.311. Despite the applicant's personal circumstances, including his separation from his wife and his desire to study in Australia as a nurse, the Tribunal found that he did not meet the regulatory criteria for the grant of the visa.

Accordingly, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.