Villa Torres (Migration)

This matter concerned an application for a Subclass 500 (Student) visa. The applicant sought to satisfy the secondary criteria for the visa as a member of the family unit of a primary visa holder. The dispute arose because the applicant had failed to declare their de facto relationship with the primary visa holder at the time of the visa application. The decision was made by the Tribunal.

The core legal issue before the Tribunal was whether the applicant met the requirements of clause 500.311 of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to determine if the applicant was a member of the family unit of the primary person who held a student visa, and if so, whether the applicant had been included in the primary person's application or had informed the Minister of the relationship in accordance with subregulation 2.07AF(3) or (4) of the Migration Regulations.

The Tribunal considered the applicant's evidence regarding the commencement and progression of their de facto relationship with the primary visa holder. The applicant stated the relationship began on 26 May 2015, and they began living together approximately ten months later. They also travelled together and received blessings from their families for marriage. However, the applicant did not declare this relationship when the primary visa holder applied for their student visa. The Tribunal found that the applicant did not satisfy the criteria under clause 500.311 because the de facto relationship existed at the time of the primary applicant's visa application, and this relationship was not declared as required by subregulation 2.07AF(3).

Consequently, the Tribunal affirmed the decision not to grant the applicant a Subclass 500 (Student) visa.