Veikoso (Migration)

The Administrative Appeals Tribunal considered the case of Veikoso, concerning an application for a New Zealand Citizen Family Relationship (Temporary) (Class UP) visa, Subclass 461. The applicant sought to satisfy clause 461.212 of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant met the criteria outlined in clause 461.212, specifically subclauses (2), (3), or (4), which define who qualifies as a member of a family unit for the purpose of this visa subclass. This involved interpreting the definition of "member of the family unit" as it stood at the time of the application, particularly in light of amendments made to the regulations in November 2016 which excluded relatives other than spouses and children from this definition.

The Tribunal reasoned that the applicant needed to satisfy one of the specified subclauses of clause 461.212. It noted that prior to 18 November 2016, the definition of "member of the family unit" included certain relatives who were not married or in a de facto relationship, were usually resident in the family head's household, and were dependent on the family head. However, the applicant's circumstances, as presented, did not meet the requirements of subclauses (2), (3), or (4) under the current regulatory framework. Consequently, the Tribunal found that the applicant did not satisfy clause 461.212 and was therefore not eligible for the Subclass 461 visa.

The Tribunal affirmed the decision to refuse to grant the visa.