RIZVI (Migration)

This matter concerned an application for review of a decision not to grant a Skilled Nominated (Permanent) visa (Subclass 190). The applicant sought to be recognised as a member of the family unit of Ms Samrah Arif, the holder of a Subclass 190 visa, and had made a combined application with Ms Arif as a secondary applicant. The delegate had refused the application on the grounds that there was insufficient evidence of the applicant's dependency on Ms Arif and her usual residency in Ms Arif's household.

The Tribunal was required to determine whether the applicant was a member of Ms Arif's family unit, specifically whether she was wholly or substantially dependent on Ms Arif and usually resident in Ms Arif's household at the time of the application. The applicant had lodged an application for review with the Tribunal, and a hearing was held after several adjournments.

The Tribunal considered the evidence presented, including documents and testimony from the applicant and Ms Arif. It found that the applicant had not been usually resident in Ms Arif's household and had not been dependent on Ms Arif. The Tribunal noted that the applicant had been residing with her son, Syed Rizwan, in West Hoxton, NSW, since January 2016, and that he had provided her with accommodation and financial support. The Tribunal also found that the purported rental agreement between the applicant and Ms Arif, which commenced after Ms Arif married the applicant's son, lacked evidence of regular payment and appeared contrived.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Skilled Nominated (Permanent) visa.