1613052 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801. The applicant, Mr. A, sought to have a decision of the Department, which affirmed the refusal of his visa application, reviewed by the Tribunal. The core of the dispute revolved around whether Mr. A was the spouse of Ms. C, as defined by section 5F of the Migration Act 1958 (Cth), and whether their relationship was genuine and subsisting.

The Tribunal was required to determine if the evidence presented sufficiently demonstrated a genuine and continuing spousal relationship between Mr. A and Ms. C, particularly in light of allegations of domestic violence and the parties' subsequent separation. This involved assessing various aspects of the relationship, including financial, household, social, and commitment elements, as outlined in subregulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal affirmed the Department's decision to refuse the visa. Mr. A testified that his marriage had broken down and that he and Ms. C had permanently separated in October 2017. He also made serious allegations that Ms. C had been surreptitiously spiking his food with drugs, causing him significant health symptoms. However, Mr. A provided no corroborating evidence for these claims, and the Tribunal gave them no weight. Furthermore, the Tribunal considered new information, including allegations contained in an email sent to the Department, which Mr. A was given an opportunity to respond to, declining an adjournment to do so. In the absence of sufficient evidence to establish a genuine and subsisting spousal relationship, the Tribunal concluded that the decision under review should be affirmed.