1924200 (Migration)

This matter concerned an application for Partner (Temporary) (Class UK) visas, Subclass 820, made by the applicant and her two children. The dispute arose from the delegate's refusal of the visa applications. The applicant had arrived in Australia in 2011 and had held various visas, including a Student visa, before her most recent application. The Tribunal was tasked with reviewing the delegate's decision.

The primary legal issues before the Tribunal were whether the applicant met the criteria for the Partner visa, particularly in light of adverse information received regarding her previous marriage and the genuineness of her current relationship. The Tribunal also had to consider the application of Schedule 3 criteria, which often apply when a visa application is made after the applicant's substantive visa has ceased. The Tribunal was required to determine if there were compelling reasons for granting the visa, as contemplated by the Migration Regulations 1994, and to assess the evidence presented regarding the applicant's relationship with her sponsor.

The Tribunal found that while the delegate had not assessed the genuineness of the relationship, the documentary and oral evidence, including the parties' marriage certificate, joint bank accounts, and statutory declarations, supported the existence of a genuine spousal relationship since October 2017. The Tribunal also considered adverse information concerning the applicant's divorce from her previous husband, which suggested it may have been fabricated. However, the Tribunal accepted the applicant's oral evidence and found her and her sponsor to be credible witnesses. The Tribunal concluded that the applicant met criterion cl.820.211(2)(d) of Schedule 2 to the Regulations.

The Tribunal remitted the applications for Partner (Temporary) (Class UK) visas. For the first named applicant, the Tribunal directed that she met the specified criteria for a Subclass 820 (Partner) visa. For the secondary applicants, the Tribunal remitted their applications to the Minister for consideration of the remaining visa criteria.