Khatery (Migration)

This matter concerned an appeal by Mrs Khatery and her daughters against a decision regarding their application for a Partner (Provisional) (Class UF) visa, Subclass 309. The central dispute revolved around whether Mrs Khatery and her daughters constituted a "family unit" in relation to Mr Khatery, who was relying on his relative for financial support to meet basic needs. The case was heard by Mireya Hyland.

The legal issues before the Tribunal were whether Mrs Khatery and her daughters were members of Mr Khatery’s family unit for the purposes of the visa application, and consequently, whether the applicants could satisfy the criteria for a Subclass 309 visa. This involved assessing the familial relationships and the financial support arrangements in light of the circumstances of the applicants' family in Afghanistan.

The Tribunal considered evidence regarding the disappearance of Mr Ali, the family's sole source of financial support, and the subsequent assumption of this role by Mr Khatery. It noted the applicants' Shia Hazara ethnicity and the risks of reprisal faced by Afghan female workers, as well as concerns about document fraud relating to Mr Ali's alleged appearance as a witness on a marriage certificate. Given the complexities and the need for further consideration of the remaining visa criteria, the Tribunal concluded that the decision under review should be remitted.

The Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration, with the direction that the visa applicants meet the criteria set out in cl.309.31 and cl.309.321 of Schedule 2 to the Regulations.