Kozono (Migration)

The Administrative Appeals Tribunal considered the case of Kozono, involving applicants seeking a Partner (Temporary) (Class UK) visa, Subclass 820. The central dispute concerned whether the applicants, identified as dependent children of the primary applicant, met the criteria of being dependent for a "substantial period" both before and at the time of their visa application. The applicants contended they were dependent due to their reliance on the primary applicant for basic needs and their intention to defer tertiary education until permanent residency was secured to avoid higher international student fees.

The Tribunal was required to determine if the applicants qualified as members of the family unit, specifically as dependent children of the primary applicant. This involved assessing whether they had been dependent for a substantial period prior to the application and continued to be dependent at the time of the application and decision. The applicants' stated intention to study in Australia and their subsequent decision to postpone enrolment due to prohibitive overseas student fees, coupled with their reliance on the primary applicant, formed the basis of their claim.

The Tribunal reasoned that the applicants' employment arrangements and educational pursuits were intended to be temporary, and their reliance on the primary applicant for basic needs was a key factor. The Tribunal noted that additional information, not previously available to the original delegate, had been provided. Given the circumstances, including the applicants not working and studying full-time as they had intended at the time of the decision, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the applications for Partner (Temporary) (Class UK) visas, with a direction that the first named applicant met specific criteria for a Subclass 820 (Partner) visa.