Ju (Migration)

This matter concerned an application by Mr Ju for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The Administrative Appeals Tribunal, constituted by Member Katie Malyon, was required to determine whether Mr Ju met the criteria for the visa, specifically whether he was a member of the family unit of a Subclass 457 visa holder.

The central legal issue before the Tribunal was whether Mr Ju qualified as a "member of the family unit" as defined by clause 457.321 of Schedule 2 to the Migration Regulations. This clause requires the applicant to be a member of the family unit of a primary applicant who has satisfied the primary criteria for, and is the holder of, a Subclass 457 visa. The Tribunal had to ascertain if Mr Ju's son, Mr Joo, met these conditions at the time of the Tribunal's decision.

The Tribunal reasoned that Mr Ju had applied for his visa as a dependent family member of his son, Mr Joo. Mr Joo and his partner had held Subclass 457 visas, but these ceased when they were granted permanent residence visas (Subclass 186) on 9 April 2018. Consequently, Mr Joo was no longer the holder of a Subclass 457 visa. The Tribunal notified Mr Ju of this fact under section 359A of the Migration Act, but he did not respond. Applying clause 457.321, the Tribunal concluded that Mr Ju could not be a member of the family unit of a person who held a Subclass 457 visa, as his son no longer held such a visa. As this essential criterion was not met, and there was no evidence that Mr Ju met the primary requirements for the visa himself, the Tribunal affirmed the decision not to grant the visa.