JUNG (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, by Mr Jung. The Administrative Appeals Tribunal was required to determine whether Mr Jung qualified as a 'member of the family unit' of a person holding a Subclass 408 visa, as defined by the Migration Regulations.

The central legal issue was whether Mr Jung met the criteria for being a 'member of the family unit' under regulation 1.12(2)(b) of the Migration Regulations. This required consideration of the definition of 'dependent' under regulation 1.05A(1) and the specific visa requirement under clause 408.311 of Schedule 2, which mandates that the applicant be a member of the family unit of a primary applicant holding a Subclass 408 visa.

The Tribunal noted that Mr Jung's Subclass 408 visa application was initially made on the basis of being a dependent family member of his father, who held a Subclass 408 visa. However, the Tribunal's review of departmental records revealed that Mr Jung's father's Subclass 408 visa had ceased on 4 April 2019. Consequently, Mr Jung could no longer satisfy the requirement of being a member of the family unit of a person holding a valid Subclass 408 visa granted on the basis of satisfying the primary criteria. The Tribunal attempted to contact Mr Jung pursuant to section 359A of the Migration Act 1958, but received no response.

As an essential requirement for the visa grant was not met, the Tribunal affirmed the decision not to grant Mr Jung the Temporary Activity (Class GG) visa.