Zou (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, by a secondary applicant who was not included in the primary applicant's initial visa application. The primary applicant, Wenjie Deng, held a student visa, and the review applicant, Ji Zou, sought to be recognised as a member of his family unit. The core of the dispute revolved around whether the applicant met the criteria for a secondary applicant under Schedule 2 of the Migration Regulations.

The Tribunal was required to determine if the applicant satisfied clause 500.311 of Schedule 2 to the Migration Regulations. This clause stipulates that a secondary applicant must have become a member of the family unit of the primary person before the primary person's visa was granted and must have been included in the primary person's application, or become a member of the family unit after the primary person's visa was granted but before the secondary applicant's own application was made. The delegate had found that the primary person did not include the review applicant in his application and had declared his relationship status as 'never married' or 'de facto' at the time of lodgement, leading to the conclusion that the secondary applicant did not meet the criteria.

The Tribunal considered evidence including joint utility bills, bank statements, a relationship certificate, and statutory declarations from the applicants and third parties. The primary applicant explained that he did not include the review applicant in his initial application due to a misunderstanding of the term 'never married' stemming from cultural differences. The Tribunal noted that while the applicants provided evidence of a de facto relationship commencing in 2016 and later registering their relationship in 2020, the critical factor was whether the applicant was included in the primary applicant's application as required by subregulation 2.07AF(3) or (4) of the Migration Regulations, or met the alternative criteria for becoming a family member after the primary visa was granted. The Tribunal found that the primary applicant had declared his status as 'never married' or 'de facto' at the time of his application, and the secondary applicant was not included in that application.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa, Subclass 500, as the criteria under clause 500.311 of Schedule 2 to the Migration Regulations were not met.