Rodriguez Morales (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 570, before the Tribunal. The primary dispute revolved around the applicant's failure to declare his de facto spouse at the time his spouse, Ms. Marin Ruge, lodged her own Student visa application. The applicant and Ms. Marin Ruge married after her visa application was lodged, and the applicant argued that Colombian law did not recognise de facto relationships, that they had received unhelpful migration advice, and that their omission was an honest mistake.

The Tribunal was required to determine whether the applicant met the criteria set out in subclause 570.314 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant qualified as a member of the family unit of the primary visa holder (Ms. Marin Ruge) either before the grant of her visa (subclause 570.314(2)) or after the grant of her visa but before the applicant's own application was made (subclause 570.314(3)).

The Tribunal acknowledged the applicant's evidence, including statements and documentation, which supported the existence of a genuine de facto relationship with Ms. Marin Ruge since 2013. However, the Tribunal found that the applicant was not included in Ms. Marin Ruge's visa application, nor was he included in information provided in relation to it, thus failing subclause 570.314(2). While accepting the explanations regarding Colombian legal definitions of relationships and the advice received from a migration agent as plausible, the Tribunal found that the applicant became a member of Ms. Marin Ruge's family unit before the grant of her visa. Consequently, the applicant did not satisfy subclause 570.314(3) either.

As the applicant did not meet the criteria under subclause 570.314 and there was no evidence of eligibility for another visa subclass, the Tribunal affirmed the decision not to grant the Student (Temporary) (Class TU) visa.