Leng (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student) visa, before the Tribunal. The applicant sought to establish that they were a member of the family unit of a person holding a student visa, by virtue of being in a de facto relationship with that person. The delegate had previously found a paucity of evidence to support the claim of a de facto relationship, suggesting the evidence pointed towards a shared living arrangement rather than a long-term personal relationship.

The Tribunal was required to determine whether the applicant had satisfied the criteria for being a member of the family unit, specifically by demonstrating a de facto relationship as defined by the relevant regulations. This involved assessing the evidence presented by the applicant in light of the factors outlined in section 5CB(2) of the Migration Act 1958 (Cth) and sub-regulation 1.09A(3) and (4) of the Migration Regulations 1994 (Cth). The Tribunal also needed to consider whether the applicant met the secondary criteria for the Subclass 500 visa, specifically clause 500.311 of Schedule 2 to the Regulations.

The Tribunal considered extensive evidence provided by the applicant, including a detailed personal statement, statutory declarations, a relationship certificate, joint financial documents, utility bills, and witness statements. The Tribunal found that this evidence established that the applicant was in a de facto relationship with Ms Luo, thereby meeting regulation 1.12(6)(a) and satisfying the definition of a member of the family unit. Consequently, the Tribunal was satisfied that the applicant met clause 500.311 of Schedule 2 to the Regulations.

Accordingly, the Tribunal remitted the application for the Student (Temporary) (Class TU) visa for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 500.311 of Schedule 2 to the Regulations.