Lopes (Migration)

The Administrative Appeals Tribunal considered the case of Agata Lopes, who sought review of a decision to refuse her application for a Student (Temporary) (Class TU) Subclass 500 visa. The applicant sought to be recognised as a member of the family unit of the primary visa holder, Mr Thiago Silva.

The central legal issue before the Tribunal was whether Ms Lopes satisfied the criteria for being granted a Student Visa as a member of the family unit of Mr Silva. Specifically, the Tribunal had to determine if Ms Lopes was a member of Mr Silva's family unit at the time he applied for his Student Visa, and if so, whether she was included in his application as required by the *Migration Regulations 1994*. Alternatively, the Tribunal considered whether Ms Lopes became a member of Mr Silva's family unit after the grant of his visa but before her own application was made.

The Tribunal's reasoning focused on the requirements of clause 500.311 of Schedule 2 to the *Migration Regulations 1994*, which outlines the criteria for a family unit member. This clause requires that if a person is a member of the family unit of the primary visa holder at the time of the primary applicant's application, they must have been included in that application. Subregulation 2.07AF(3) mandates that such applications must include the name, date of birth, and citizenship of each family member, along with their relationship to the applicant. The Tribunal found that the evidence presented, including Facebook photos and a declaration of engagement and cohabitation in Brazil prior to Mr Silva's visa application, indicated that Ms Lopes was a member of Mr Silva's family unit at that time. As she was not included in his application, the Tribunal concluded that clause 500.311 was not satisfied.

Consequently, the Tribunal affirmed the decision under review, finding that Ms Lopes did not meet the criteria for the grant of a Student Visa as a member of the family unit of the primary applicant.