1826944 (Migration)

This matter concerned an appeal by a visa applicant and their sponsor against a decision to refuse a Partner (Temporary) (Class UK) visa. The core dispute before the Tribunal was whether the applicant and sponsor were in a genuine married relationship, as required by clause 820.21(2)(b) of the Migration Regulations 1994.

The legal issue before the Tribunal was to determine whether the relationship between the visa applicant and sponsor was genuine and continuing, considering all the circumstances of their relationship. This involved assessing various aspects including financial matters, the nature of their household, social interactions, and their commitment to each other, as outlined in subregulation 1.15A(3) of the Migration Regulations 1994.

The Tribunal considered a range of evidence, including joint bank accounts, loan approvals, utility bills, insurance policies, photographs of social events and travel, and documents relating to their marriage. Despite the volume of evidence presented, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the visa.