Kumar (Migration)

The Administrative Appeals Tribunal considered an application by Mr Kumar concerning a Subclass 500 (Student) visa. The central dispute revolved around whether Mr Kumar was a member of the family unit of the primary applicant at the time the primary applicant's visa application was made. Evidence presented indicated that Mr Kumar became a member of the family unit approximately three weeks after the primary applicant was granted their visa.

The Tribunal was required to determine whether Mr Kumar met the criteria for a Subclass 500 visa, specifically in relation to the definition of a "member of family unit" as it applied at the relevant time. This involved assessing whether the evidence of his family unit status, provided after the primary applicant's visa grant, could satisfy the requirements of the migration regulations.

The Tribunal found that it was able to reach a favourable decision for the applicant based on the material before it, without the need for a hearing, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr Kumar meets the criteria specified in cl 500.311 of Schedule 2 to the *Migration Regulations 1994* (Cth).