Pinto Soares Dos Santos Moreira (Migration)

This matter concerned an appeal by the secondary applicant, Pinto Soares Dos Santos Moreira, against a decision regarding a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The primary applicant and sponsor sought to include the secondary applicant as a dependent member of their family unit. The central dispute revolved around whether the secondary applicant met the definition of a "dependent" as required by the migration regulations. The decision was made by Wendy Banfield, a Member of the Tribunal.

The Tribunal was required to determine if the secondary applicant was a member of the family unit of the primary applicant and sponsor at the time of the visa application and the decision, and specifically whether he met the definition of a "dependent" under the relevant regulations. This involved assessing whether he was a dependent child, defined as a person over 18 who is dependent on the family head or their spouse/de facto partner, or incapacitated for work. The definition of "dependent" further required the Tribunal to consider if the secondary applicant had been substantially reliant on the primary applicant for financial support for his basic needs for a substantial period immediately preceding the relevant time, and if this reliance was greater than reliance on any other person or source.

In reaching its decision, the Tribunal considered the evidence presented by both the secondary applicant and his mother. The secondary applicant provided an account of his education, ceasing formal schooling in 2014, and his subsequent pursuit of music and occasional casual work in Indonesia and Australia. The Tribunal noted some evasiveness regarding his work history. However, the Tribunal found the primary applicant's account of the secondary applicant's activities and short-term employment engagements to be credible. The Tribunal also noted the secondary applicant's intention to return to study. Based on its findings, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant met the criteria specified in cl.820.311 and cl.820.321 of Schedule 2 to the Regulations.