Ianuari (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse to grant Mr Ianuari a Child (Residence) (Class BT) visa, Subclass 802. The applicant had applied for the visa on 17 May 2016, and the delegate's refusal was made on 11 August 2016. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether Mr Ianuari met the criteria for the Subclass 802 visa, specifically whether he was a dependent child of a qualifying sponsor at the time of application. The delegate had found that Mr Ianuari did not meet the requirements of clause 802.212 of the Migration Regulations, which pertains to the applicant being a dependent child of an Australian citizen, permanent visa holder, or eligible New Zealand citizen. The Tribunal also considered clauses 802.214 and 802.221, which relate to the applicant's relationship status and history.

The Tribunal heard oral evidence from Mr Ianuari, his step-mother Ms Susan Ianu, and Ms Jaimee Brown. Mr Ianuari, a national of Samoa, was 23 years old at the time of his application and had been residing in Australia with his father and step-mother since December 2015. He claimed financial dependency on his father and step-mother, although he stated that many supporting documents had been lost or were illegible. The Tribunal noted that Mr Ianuari had met his fiancé, Ms Brown, in December 2015, shortly after his arrival in Australia, and they had become engaged in September 2017. Marriage plans were contingent on the outcome of the visa application. The Tribunal affirmed the delegate's decision to refuse the visa.