Zargar (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Partner (Provisional) (Class UF) visa application. The primary applicant sought to satisfy the criteria for a Subclass 309 visa, and the secondary applicant, who was the primary applicant's child, was also part of the application. The central dispute revolved around whether the secondary applicant qualified as a "member of the family unit" of the primary applicant and whether she was dependent on either the primary applicant or the sponsor, who was the primary applicant's spouse.

The Tribunal was required to determine if the secondary applicant met the definition of a "member of the family unit" under regulation 1.12(1) and if she was dependent as per regulation 1.05A. This involved assessing the credibility of oral and documentary evidence presented by the primary applicant, the sponsor, and a witness who was the sponsor's carer. The Tribunal also had to consider the sponsor's significant health issues, which necessitated full-time assistance.

The Tribunal found the primary applicant and the witness to be credible, noting their candid responses. It was satisfied, based on the evidence, that the secondary applicant was indeed the child of the primary applicant and the sponsor, thus meeting the definition of a family member. The Tribunal also accepted that the secondary applicant was single, not engaged, and resided with her mother. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met specific criteria, including those related to being a member of the family unit and dependency.