Gulzari (Migration)

This matter concerned an appeal by a visa applicant against a decision to affirm the refusal of a Partner (Migrant) (Class BC) visa. The primary issue before the Tribunal was whether the visa applicant continued to be a member of the family unit of the holder of a Subclass 309 (Partner (Provisional)) visa at the time of the decision. The visa applicant claimed to be the child of the primary visa holder.

The Tribunal was required to determine if the visa applicant met the criteria under clause 309.321 of the Migration Regulations 1994, specifically whether she continued to be a member of the family unit of the primary visa holder. This involved an interpretation of the definition of "member of the family unit" as set out in regulation 1.12 of the Regulations, particularly in relation to a child who has turned 18 and is dependent on the family head. The Tribunal also considered the applicant's circumstances, including her age, lack of employment, and dependence on her father.

The Tribunal found that while the visa applicant was a child of the primary applicant and review applicant, she did not satisfy the criteria for being a member of the family unit at the time of the decision. Although the applicant provided evidence of her dependence on her father due to her illegal status in Pakistan and inability to work, the Tribunal noted that she was 25 years old and there was insufficient information to demonstrate she met the specific dependency criteria under regulation 1.05A(1)(b). The Tribunal concluded that the applicant did not satisfy the time of decision criteria for the grant of the visa.