1420627 (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Partner (Temporary) (Class UK) visa. The applicant claimed to be in a de facto relationship with an Australian citizen at the time of the visa application. The core dispute revolved around whether the parties had established a genuine and continuing de facto relationship for the required period, particularly given the relationship had broken down within the first 12 months and was not registered. The review was heard by Member Katie Malyon of the Administrative Appeals Tribunal.

The Tribunal was required to determine three key issues: first, whether the parties were in a genuine de facto relationship at the time the visa application was lodged; second, if so, whether they had been in that relationship for at least 12 months prior to the application; and third, if the 12-month requirement was not met, whether there were compelling and compassionate circumstances justifying the grant of the visa. These issues were prerequisites to considering other criteria for the Partner visa.

The Tribunal considered the definition of a de facto relationship under section 5CB of the Migration Act 1958 (Cth) and the relevant regulations, which require a mutual commitment to a shared life, a genuine and continuing relationship, cohabitation, and no familial relationship. It also had regard to the specific criteria for Partner visas, including the 12-month relationship duration requirement under regulation 2.03A, unless exceptions applied, such as a registered relationship or compelling and compassionate circumstances. The Tribunal noted that evidence submitted after the hearing, including communications with a migration agent and information about Jordanian law, along with documents addressed to the applicant in a specific suburb, were considered. However, the applicant's inability to recall relationship details and inconsistent evidence regarding living arrangements, coupled with the relationship breakdown within the first 12 months and the absence of a registered relationship, led the Tribunal to conclude that the applicant did not satisfy the criteria for the visa.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, finding that the applicant had not met the necessary criteria for the grant of the visa.