[Myla0704]

Good afternoon, I would like to ask if my interpretation of the legislation is correct and the immigration CO is wrong. I lodged 2 online applications for a tourist visa under sponsored family stream for my sister and her husband.
My sister got approved, the husband got refused because he is my 'in-law' and therefore not part of the family unit.

Two things I wanted to ask -
1) I lodged 2 separate applications with 2 separate sponsorship form. Each other's names as travelling companions are on the forms. Marriage certificates, birth certificates, employment, leave approvals etc are complete for the husband. Now, Clause 600.232 2(c) states a relative of another applicant in relation to whom the applicant is a member of the
family unit. Doesn't the husband fall into this??

3) Is it correct that I completed and lodged a separate application for the husband and just noted that he is travelling with the wife who is my sister?

I am so annoyed that i am thinking to bring this to the tribunal. Or is there another way? The travel period I asked for is 3 months from Dec 8 to March 4. is it even worth fighting this at the tribunal please?

Thanking you in advance for your insight.

 

[wrussell]

600.224
(1) Subclauses (2) to (4) apply if:
(a) an applicant intends to visit Australia, or remain in Australia to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; and
(b) the Minister has required the applicant, and each other applicant who is a member of the applicant's family unit, or in relation to whom the applicant is a member of the family unit, to be sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:
(i) a relative of the applicant; or
(ii) a relative of another applicant who is a member of the family unit of the applicant; or
(iii) a relative of another applicant in relation to whom the applicant is a member of the family unit.

Regulation 1.03 Member of the Family Unit has the meaning set out in Regulation 1.12
1.12
General rule
(2) A person is a member of the family unit of another person (the family head) if the person:
(a) is a spouse or de facto partner of the family head; or
(b) is a child or step child of the family head or of a spouse or de facto partner of the family head (other than a child or step child who is engaged to be married or has a spouse or de facto partner) and:
(i) has not turned 18; or
(ii) has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or…..
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