1930211 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa by a Chinese national, the applicant, sponsored by an Australian citizen. The applicant and sponsor had married in July 2015, and the applicant had been granted a Partner (Temporary) (Class UK) (Subclass 820) visa in October 2016. The applicant lodged their subclass 801 application in September 2017, providing various documents to evidence their genuine and continuing partner relationship. However, the Department received adverse information alleging the applicant had provided false statements and paid the sponsor for a marriage certificate to facilitate residency. The Administrative Appeals Tribunal was required to determine whether the applicant was the spouse or de facto partner of the sponsor, considering all circumstances of the relationship.

The Tribunal was tasked with assessing the genuineness and continuing nature of the partner relationship, taking into account the financial, household, social, and commitment aspects as outlined in Regulation 1.15A of the Migration Regulations 1994. This involved evaluating evidence such as joint financial documents, living arrangements, representations to others, and the overall commitment between the parties. The adverse information received by the Department cast doubt on the legitimacy of the relationship, necessitating a thorough review of the provided evidence against the regulatory criteria.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant did not satisfy the criteria for the grant of the visa, implicitly concluding that the evidence did not establish a genuine and continuing partner relationship to the required standard, particularly in light of the adverse information received. The decision was made by Senior Member Rachel Westaway.