1612870 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The applicant sought to have the refusal decision set aside and remitted to the Department of Home Affairs for reconsideration. The core of the dispute concerned whether the applicant had provided sufficient evidence to satisfy the criteria for a genuine and continuing relationship, as required by clause 820.211 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had discharged their onus of proof in demonstrating that their relationship with the sponsor was genuine and continuing, and whether the evidence presented, particularly in light of alleged financial hardship, adequately supported this claim. The Tribunal also had to consider the weight to be given to the applicant's assertions of a longstanding relationship and the impact of any financial difficulties on the assessment of the relationship's authenticity.

In its reasoning, the Tribunal acknowledged the applicant's submission that financial hardship had impacted their ability to provide certain types of evidence. However, it found that the evidence presented, while indicating a relationship of some duration, did not sufficiently demonstrate the depth and genuineness required to meet the regulatory criteria. The Tribunal applied the principles of assessing the totality of the evidence in relation to the requirements of clause 820.211, noting that while financial interdependence is a relevant factor, its absence or limitation due to hardship does not automatically disqualify an applicant, provided other evidence strongly supports the genuineness of the relationship. Ultimately, the Tribunal concluded that the applicant had not met the evidentiary threshold.

The Tribunal set aside the decision under review and remitted the matter to the Department of Home Affairs for reconsideration according to law.