1502173 (Migration)

The Administrative Appeals Tribunal considered an application by a visa applicant who had been refused a Partner (Temporary) (Class UK) (Subclass 820) and a Partner (Residence) (Class BS) (Subclass 801) visa. The core dispute concerned whether the applicant and their sponsor were in a genuine and continuing de facto relationship, and whether this relationship had existed for at least 12 months prior to the visa application. A delegate of the Department of Immigration had previously refused the application, finding insufficient evidence to meet the definition of a de facto partner under section 5CB of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the applicant and sponsor met the criteria for a de facto relationship as defined by the *Migration Act* and *Migration Regulations 1994*, specifically considering the financial, household, social, and commitment aspects of their relationship. The Tribunal also had to consider the applicant's failure to attend a scheduled hearing and provide further evidence, and decide whether to proceed with the review based on the existing material.

The Tribunal affirmed the delegate's decision, finding that the evidence presented did not substantiate a genuine and continuing de facto relationship. The Tribunal noted the lack of convincing evidence regarding joint financial arrangements, shared household responsibilities, and the presentation of the relationship to the wider community. The applicant's failure to attend the hearing or provide additional documentation further contributed to the Tribunal's conclusion that the applicant had not satisfied the visa criteria. Consequently, the Tribunal affirmed the decision not to grant the visa.