Zhang (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal, with Jade Murphy as the presiding member. The applicants sought to be recognised as members of the family unit of Ms Chunyu Wang, who had previously held a Subclass 489 Skilled Regional (Provisional) visa. The core dispute revolved around whether the applicants met the criteria under clause 489.311 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicants qualified as members of the family unit of Ms Chunyu Wang, and if so, whether they satisfied the requirements of clause 489.311. This clause mandates that a person must be a member of the family unit of a person who holds a Subclass 489 visa granted on the basis of satisfying the primary criteria.

The Tribunal considered the definition of "member of the family unit" as provided in regulation 1.12 of the Migration Regulations 1994. While the Tribunal was satisfied, based on the documentary evidence presented, that the applicants were indeed members of Ms Wang's family unit, it noted that Ms Wang's Subclass 489 visa had been cancelled on 27 February 2020 and her subsequent application for review of this cancellation was dismissed. Consequently, Ms Wang did not hold a valid Subclass 489 visa. The Tribunal concluded that because Ms Wang did not hold the prerequisite visa as required by clause 489.311(e), the applicants could not satisfy the criteria of that clause.

Accordingly, the Tribunal affirmed the decision not to grant the applicants a Skilled Regional Sponsored (Provisional) visa, finding that they were not members of the family unit of a person who currently held a Subclass 489 visa.