Shang (Migration)

The Administrative Appeals Tribunal (Cth) (the Tribunal) considered an appeal by Ms Shang concerning a Subclass 116 (Carer) visa application. Ms Shang sought to be recognised as a member of the family unit of the primary visa holder, arguing she was dependent on him. The Tribunal had previously refused to grant the visa, finding that Ms Shang had not established she was a member of the family unit of the primary visa holder, specifically that she was not financially dependent on him.

The central legal issue before the Tribunal was whether Ms Shang had discharged her onus of proving that she was a member of the family unit of the primary visa holder, as defined by the *Migration Regulations 1994* (Cth). This required the Tribunal to determine if Ms Shang could demonstrate she was financially dependent on the primary visa holder, or if she was undertaking full-time education and was dependent on him for financial support.

The Tribunal acknowledged that additional evidence had been provided regarding Ms Shang's continuing education and financial dependency. It found that the previous decision had not adequately considered this new evidence. Consequently, the Tribunal determined that the matter should be remitted to the delegate for reconsideration, with the instruction that the additional evidence be taken into account.