1809794 (MIGRATION)

The applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of a Partner (Provisional) (Class UF) visa, subclass 309. The applicant had been in Australia unlawfully prior to marrying the sponsor. The AAT had found that the relationship between the applicant and the sponsor was not genuine and continuing, and that there was no persuasive evidence of ongoing and meaningful contact after the applicant left Australia.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law in its assessment of the genuineness and continuing nature of the relationship between the applicant and the sponsor, and in its consideration of adverse information provided by the Department of Home Affairs. Specifically, the court was required to determine if the AAT had properly considered all relevant factors, including the financial, household, and social aspects of the relationship, and the parties' commitment to it, in light of the applicant's departure from Australia.

The court affirmed the AAT's decision, finding that the Tribunal had adequately considered the evidence before it. The AAT had correctly identified that the applicant's unlawful status prior to marriage did not preclude a genuine relationship, but it was a factor to be weighed. Crucially, the AAT found a lack of persuasive evidence regarding ongoing and meaningful contact after the applicant left Australia, which was a significant impediment to establishing that the relationship was genuine and continuing. The AAT's conclusion that the relationship was not genuine and continuing was therefore open to it on the evidence.