Kahsay (Migration)

This matter concerned a Partner (Provisional) (Class UF) visa, subclass 309, where the secondary applicant, Meron, sought to establish she was a member of the primary applicant, Zayd's, family unit. The dispute centred on whether Meron met the criteria for inclusion as a secondary applicant, specifically whether she was dependent on Zayd and usually resident in Zayd's household, given they claimed to be biological sisters. The decision was made by Margie Bourke of the Tribunal.

The primary legal issue before the Tribunal was whether Meron qualified as a member of Zayd's family unit under regulation 1.12(1) of the Migration Regulations 1994. This required Meron, as a sibling, to be a relative of Zayd, who was the family head, and to be dependent on Zayd and usually resident in Zayd's household, as Zayd did not have a spouse or de facto partner. The Tribunal also had to consider the evidence presented regarding the death of the applicants' parents, which was crucial for establishing dependency.

The Tribunal found that Meron and Zayd were siblings and close relatives based on birth certificates and the applicants' willingness to undergo DNA testing, although the latter was not pursued due to its limitations in the absence of parents. The Tribunal accepted evidence that the applicants' mother died in 2005 and their father in 2007, noting inconsistencies in the medical report concerning the mother's cause of death. Despite these inconsistencies, the Tribunal was satisfied that the visa applicants were siblings and close relatives. However, due to the remaining criteria for the visa not being fully considered, the Tribunal remitted the application for reconsideration.