Raman Kumar (Migration)

This matter concerned an appeal by Raman Kumar against a decision of the Administrative Appeals Tribunal (the Tribunal) which affirmed a decision not to grant Mr Kumar a Skilled Work Regional (Provisional) (Class PS) visa, subclass 491. The primary applicant for the visa was Nafaz Sharma. Mr Kumar claimed to be a member of Ms Sharma's family unit as her spouse.

The central legal issue before the Tribunal was whether Mr Kumar was a member of the family unit of the primary applicant, Nafaz Sharma, at the time of the decision, as required by clause 491.311 of the Migration Regulations 1994. This required the Tribunal to consider the definition of "member of the family unit" as set out in regulation 1.12 of the Migration Regulations 1994, specifically whether Mr Kumar met the criteria of being a spouse.

The Tribunal considered evidence including a marriage certificate dated 17 March 2017, and crucially, a change of relationship advice submitted on 2 March 2022, registered on 25 February 2022, which stated that a divorce had been advised. Mr Kumar acknowledged that he understood he was required to be a member of the family unit at the time of the decision and stated that the separation was the primary applicant's decision. Based on the advice of divorce, the Tribunal was satisfied that Mr Kumar was not a member of the family unit of the primary applicant at the time of the decision.

Consequently, the Tribunal affirmed the decision not to grant Mr Kumar the Skilled Work Regional (Provisional) (Class PS) visa, subclass 491, as he did not meet the requirements of clause 491.311.