1900090 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) by a citizen of the Philippines, sponsored by an Australian citizen. The visa application had been refused by the Department of Home Affairs. The sponsor subsequently died. The review applicant lodged a combined application for both a temporary and a permanent partner visa. The Tribunal was considering the first stage, the temporary visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria under clauses 820.211 and 820.221 of the Migration Regulations 1994, which require the applicant to be the spouse or de facto partner of an Australian citizen at the time of the visa application and at the time of the decision. This involved assessing the nature of the relationship between the applicant and the sponsor, considering various aspects including financial, household, social, and commitment elements as outlined in regulation 1.15A(3).

The Tribunal reasoned that evidence of events occurring after the visa application date could be considered if it logically tended to show the existence or non-existence of the relationship at the time of application. The Tribunal noted that the applicant had provided extensive further evidence to the Tribunal that was not available to the primary decision maker. The Tribunal concluded that the application should be remitted for reconsideration, with a direction that the applicant met the criteria under cl.820.221(2) of Schedule 2 to the Regulations.