Agomuo (Migration)

The Administrative Appeals Tribunal considered the case of Mr Agomuo, who sought review of a decision not to grant him a Partner (Temporary) (Class UK) visa, subclass 820. The primary dispute concerned whether Mr Agomuo and his sponsor were in a genuine and continuing spousal relationship, or if he met alternative criteria for visa grant.

The Tribunal was required to determine if Mr Agomuo continued to satisfy the criteria for the subclass 820 visa, specifically whether he was still sponsored by his partner and if the relationship was genuine and continuing. The Tribunal also considered whether any of the exceptions to the general criteria, such as the death of the sponsor, family violence, or court orders concerning children, were applicable.

The Tribunal found that Mr Agomuo himself, through his representative, conceded that he did not satisfy the requirements for the visa. He confirmed that the relationship with his sponsor had ended and did not claim any of the exceptions. Consequently, the Tribunal was satisfied that Mr Agomuo did not meet the criteria under cl.820.211(2) and cl.820.221(1), nor were clauses 820.221(2) and 820.221(3) applicable. While information regarding Mr Agomuo's Australian citizen son, including paternity test results and child support arrangements, was presented in the context of a request for Ministerial Intervention under s.351 of the Migration Act, this did not alter the assessment of the visa eligibility criteria.

The Tribunal affirmed the decision not to grant Mr Agomuo the Partner (Residence) (Class BS) visa.