Long (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, to the applicant. The applicant was a secondary applicant, seeking to be recognised as a member of the family unit of the primary visa applicant.

The primary legal issue before the Tribunal was whether the applicant qualified as a member of the family unit of the primary applicant, specifically whether she was still in a de facto relationship with him. This determination was crucial as it directly impacted her eligibility to satisfy the secondary criteria for the visa grant under cl.187.311. The Tribunal also considered whether it was entitled to proceed to a decision without further input from the applicant, following her failure to respond to a s.359A invitation.

The Tribunal reasoned that a secondary applicant must be a member of the family unit of a primary applicant who satisfies the visa criteria. It found that the applicant had separated from the primary visa applicant, meaning they no longer shared a mutual commitment to a shared life to the exclusion of others, had ceased living together, and their relationship had ended. Consequently, the Tribunal concluded the applicant was no longer a member of the primary applicant's family unit and therefore did not meet the criteria for the visa. The Tribunal also noted that the applicant's failure to respond to the s.359A invitation, which warned of the consequences of non-compliance including the loss of entitlement to appear before the Tribunal, meant that s.359C applied, and the applicant was not entitled to a hearing under s.360(3).

The Tribunal affirmed the decision not to grant the applicant the visa.