Vaddiparthi (Migration)

This matter concerned an appeal to the Tribunal by an applicant seeking to satisfy the secondary criteria for a Skilled – Independent (New Zealand) (Permanent) (Class SI) visa as a member of the family unit of her parent, the primary applicant. The primary applicant had satisfied the criteria for the visa. The applicant's eligibility as a secondary applicant depended on her meeting the criteria in subregulation 1.05A(1)(b) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant was wholly or substantially reliant on the primary applicant for financial support because she was incapacitated for work due to the total or partial loss of her bodily or mental functions. The applicant was born on 8 October 1994 and had turned 23 years of age on 8 October 2017, meaning she was over 23 at the time of the decision.

The Tribunal noted that while substantial evidence was provided to demonstrate the applicant's financial reliance on the primary applicant, no evidence was presented to establish that she was incapacitated for work due to the loss of bodily or mental functions. The Tribunal found that the legislation did not permit consideration of compelling and compassionate reasons outside of the prescribed criteria. Consequently, the Tribunal concluded that the applicant failed to satisfy subregulation 1.05A(1)(b) and therefore did not meet the criteria for the grant of the visa under clause 189.311. The Tribunal affirmed the decision not to grant the visa.