1908911 (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100. The applicant sought review of a decision not to grant the visa. The primary issue before the Tribunal was whether the applicant satisfied Public Interest Criterion (PIC) 4020, which requires that an applicant has not provided false or misleading information in relation to their visa application or a previous visa held within the preceding 12 months. The Tribunal also considered a nondisclosure certificate issued under s.376 of the Act.

The legal issues before the Tribunal were whether the applicant had provided false or misleading information in relation to their visa application, and whether the circumstances warranted a waiver of the PIC 4020 requirements. The Tribunal was required to determine if the applicant's relationship with an Australian citizen constituted compassionate or compelling circumstances that would justify granting the visa despite the failure to meet PIC 4020.

The Tribunal found that the applicant did not satisfy PIC 4020. The evidence indicated that the relationship between the applicant and their sponsor had ceased after November 2017, and the applicant was now in a relationship with an Australian citizen. However, the Tribunal concluded that this new relationship did not amount to compassionate or compelling circumstances that would justify waiving the requirements of PIC 4020(1). The Tribunal affirmed the decision not to grant the visa.