1618518 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) by an applicant who claimed to be the de facto partner of an Australian citizen. The Administrative Appeals Tribunal was required to review the decision to refuse the visa. The Tribunal considered evidence including the Department's file, its own file, and information subject to a section 375A certificate, which prevented disclosure due to public interest concerns.

The primary legal issue before the Tribunal was whether the applicant was the de facto partner of the sponsor, as defined by section 5CB of the Migration Act 1958 (Cth) and elaborated in Regulation 1.09A of the Migration Regulations 1994. This required an assessment of all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other. The Tribunal also had to consider information subject to a section 375A certificate, which it found relevant and placed weight upon, despite the applicant's inability to fully respond to its specific contents.

The Tribunal reasoned that the applicant did not satisfy the criteria for the grant of the visa. While the applicant provided an account of personal difficulties, including a prosecution for misconduct and depression, the Tribunal placed no weight on information subject to the section 375A certificate. The Tribunal also considered an anonymous complaint received by the Department, to which the applicant expressed bewilderment. Ultimately, the Tribunal affirmed the decision not to grant the visa, concluding that the applicant had not demonstrated a genuine and continuing de facto relationship.