Mehta (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The primary issue concerned whether a secondary applicant, who was not the spouse of the primary applicant at the time of the visa application but later divorced, could be considered a member of the family unit of the family head under regulation 1.12(12) of the Migration Regulations 1994. The secondary applicant had previously held a Subclass 457 visa.

The Tribunal was required to determine if the secondary applicant qualified as a member of the family unit for the purposes of the Subclass 187 visa application, notwithstanding the subsequent divorce from the primary applicant. This involved an interpretation of the definition of "member of the family unit" as it applied to the circumstances of the applicants at the relevant time of the visa application.

The Tribunal found that the applicant met the criteria under clause 187.311 of Schedule 2 to the Regulations. While other submissions were made, the Tribunal determined that it was not necessary to address them in light of its conclusion on the primary issue. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.