Nadav (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream. The applicant sought to be recognised as a member of the family unit of the primary visa holder, Mr Dror Ihiel Nadav. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for being a member of the family unit under the Migration Regulations.

The central legal issue before the Tribunal was whether the applicant, who was 23 years old, qualified as a member of the family unit under regulation 1.12(2)(b)(iii) of the Migration Regulations. This regulation requires a person over 23 years of age to demonstrate that they are wholly or substantially reliant on the family head or their spouse or de facto partner due to being incapacitated for work due to the total or partial loss of their bodily or mental functions, as defined by paragraph 1.05A(1)(b).

The Tribunal found that the applicant was 23 years old and therefore needed to satisfy the dependency criteria outlined in regulation 1.12(2)(b)(iii). The Tribunal explained to the applicant that to be considered a member of the family unit, she must demonstrate reliance on the family head or their spouse due to incapacity for work resulting from bodily or mental impairment. The Tribunal ultimately decided that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant meets the criteria under cl 482.312 of Schedule 2 of the Regulations.