1715481 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Partner (Residence) (Class BS) visa, subclass 801. The applicant sought to have the decision remitted to the Department of Home Affairs for reconsideration. The core of the dispute revolved around whether the applicant was the de facto partner of the sponsor at the time of application and the spouse at the time of the decision, with significant credibility concerns arising from the provided information.

The Tribunal was required to determine the genuineness of the spousal relationship, considering various aspects including financial contributions, the nature of the household, social interactions, and the parties' commitment to each other. Central to this determination were issues of credibility, particularly in light of the applicant and sponsor's history of providing potentially false or misleading information, including undisclosed income and discrepancies in previous sponsorship applications. The Tribunal also had to consider the sponsor's history of previous relationships and sponsorships, and how these were declared in the visa application process.

The Tribunal noted several unusual circumstances regarding the lodgement of the visa application forms. The initial application date was recorded as 10 May 2013, but the application and sponsorship forms were dated 5 September 2014, after the parties' marriage on 22 March 2014. The applicant explained that incorrect forms were initially submitted and later replaced. The Department confirmed receiving incorrectly completed forms but did not retain copies, and there was no record of the original application forms or any forms submitted between May 2013 and September 2014. Furthermore, the sponsor declared only one previous sponsorship, that of her spouse Mr C, failing to disclose a previous de facto partner sponsorship in 2007. The Tribunal concluded that due to these credibility concerns and the lack of clarity surrounding the application process and declarations, the matter should be remitted to the Department for reconsideration.