Li (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a Partner (Provisional) (Class UF) visa, subclass 309. The primary dispute centred on whether an adult child of the father, who was applying for a partner visa, qualified as a member of the family unit. The core of the contention was the adult child's alleged dependency on his father for financial support due to mental health issues, specifically depression and anxiety, which had interrupted his studies.

The Tribunal was required to determine if the adult child met the criteria for being a member of the family unit, specifically concerning the element of dependency. This involved assessing whether his reliance on his father for financial support was genuine and arose from an incapacity, such as his mental health condition, which prevented him from being self-sufficient. The Tribunal also had to consider the evidence presented regarding his living arrangements and the nature and extent of the financial assistance provided by his father and stepmother.

In reaching its decision, the Tribunal considered evidence including hospital records detailing the adult child's mental health treatment, a certificate of attainment from his university, and testimony from the review applicant (the father's partner). The Tribunal noted that while the adult child had been diagnosed with depression and anxiety, and his studies had been interrupted, the evidence regarding the onset of these conditions and their direct impact on his dependency was not sufficiently established. The Tribunal found that the adult child was living with his sister and brother-in-law, who provided him with care and support, and that while some financial support had been provided by the primary visa applicant, the evidence did not conclusively demonstrate the required level of dependency for him to be considered a member of the family unit.

Consequently, the Tribunal affirmed the decision not to grant the Partner (Provisional) visa to the adult child as a secondary applicant, finding that he did not satisfy the relevant criteria.