Wang (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kai-Lin Wang, a citizen of China, who sought to be added as a subsequent entrant to her partner Mr Antonio Gatta's Student visa. Ms Wang had applied for a Student (Subsequent Entrant) visa on 28 October 2016. The dispute arose because Mr Gatta, when applying for his Student visa on 9 March 2016, had not declared Ms Wang as a family member and had stated he was single with all his family in Italy, despite their registered Civil Partnership in Queensland in 2016 and a claimed relationship commencement in January 2014.

The Tribunal was required to determine whether the family relationship between Ms Wang and Mr Gatta existed at the time of Mr Gatta's Student visa application and whether this relationship was declared as required by the relevant migration regulations. The Tribunal also considered the parties' claim that misleading advice from their migration agent led to the non-declaration, but focused on the existence of the relationship and the declaration requirement itself.

The Tribunal found that the relationship between Ms Wang and Mr Gatta did exist at the time of Mr Gatta's visa application. Despite Mr Gatta's statements to the Department indicating he was single and his family was in Italy, and his later claim of relying on an agent's advice, both parties confirmed to the Tribunal that their relationship had commenced in 2014. The Tribunal noted that if the declaration was considered optional by the parties, there was no impediment to declaring the relationship at the time, and their choice not to do so was difficult to reconcile with their claims. The Tribunal applied clause 500.311 of the regulations, which mandates the inclusion of all family unit members in a Student visa application.

The Tribunal affirmed the delegate's decision, finding that the requirement to declare the family unit members was not met.