Green (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (Permanent) visa (Subclass 189). The applicant sought to be recognised as a member of the family unit of the primary applicant, who had since passed away. The Tribunal affirmed the decision not to grant the visa.

The central legal issue before the Tribunal was whether the applicant qualified as a "member of the family unit" of the deceased primary applicant, specifically concerning the definition of "dependent" under the Migration Regulations. This required an assessment of the applicant's reliance on the deceased for substantial support to meet basic needs, and whether this reliance was greater than any reliance on other sources.

The Tribunal referred to the Ministerial guidelines and the Department’s Procedures Advice Manual (PAM3) regarding the Minister’s discretionary power under s 351. While the Tribunal acknowledged the applicant's full-time employment, it ultimately found that the applicant did not meet the criteria to be considered a dependent member of the family unit of the deceased primary applicant. Consequently, the Tribunal determined that the case should be referred to the Department for consideration by the Minister.