Nguyen (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801, where the applicant was included as a dependent of the primary visa applicant, her mother. The dispute before the Tribunal was whether the applicant qualified as a "member of the family unit" by being dependent on her mother at the time of the visa application and decision.

The Tribunal was required to determine if the applicant was wholly or substantially reliant on her mother for financial support to meet her basic needs for food, clothing, and shelter, and if this reliance was greater than her reliance on any other person or source. Alternatively, the Tribunal had to consider if the applicant was wholly or substantially reliant on her mother due to an incapacity for work, resulting in a total or partial loss of bodily or mental functions.

The Tribunal noted that the applicant had been a full-time student in Australia since 2010 and had lived with her mother since 2014. While the applicant had previously been employed casually, she had deferred her studies in November 2015 due to difficulties at university and was no longer employed. Evidence indicated she was receiving financial support from her step-father. Considering the applicant's psychological vulnerabilities and her current lack of employment and studies, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for a Partner (Residence) (Class BS) visa for reconsideration, with the direction that the applicant met specific criteria for a Subclass 801 (Partner) visa.