2118274 (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review of a decision to refuse a Partner (Migrant) (Class BC) visa (Subclass 100). The applicant sought to demonstrate that their relationship with their sponsor was genuine and continuing, despite the cessation of the relationship and withdrawal of sponsorship prior to the birth of their child.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a Subclass 100 visa, specifically concerning the genuineness and continuing nature of their spousal relationship. This required an assessment of various aspects of the relationship, including financial and household interdependence, social interaction, and the nature of the commitment between the parties. The Tribunal also had to consider the impact of an interim family violence order, which was discontinued, and the subsequent separation and reconciliation of the parties.

The Tribunal found that while there had been initial difficulties, including issues related to the applicant's adjustment to life in Australia and their relationship with the sponsor's children, these were addressed through counselling. The Tribunal noted the applicant's remorse, acceptance of responsibility, and demonstrated change in behaviour. Evidence of financial dependence, shared household responsibilities, and supportive statements from family and friends were considered. Despite the lack of a wide social network, the Tribunal found the evidence largely consistent and credible, indicating a genuine and continuing commitment. Consequently, the Tribunal remitted the decision for reconsideration.