Ali (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801, brought by an applicant against a decision of the Department. The core of the dispute revolved around whether the applicant's relationship with the sponsor was genuine and continuing, as required for the visa. The decision was made by T. Quinn, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had demonstrated a genuine and continuing relationship with the sponsor, considering the financial, household, and social aspects of their relationship, as well as the nature of their commitment to each other. This required an assessment of the evidence presented, particularly in light of the applicant's difficulties in responding to previous requests for information from the Department.

The Tribunal found that while there were minor inconsistencies in the applicant's evidence, the witnesses were generally credible and their answers authentic. The Tribunal acknowledged that the applicant had been severely disadvantaged at first instance due to issues with a previous agent and a lack of communication from the Department, resulting in significantly less material being before the delegate than was before the Tribunal. The Tribunal considered the extensive evidence provided regarding the financial aspects, including joint tenancy of retail premises, shared responsibility for household expenses (despite no joint bank account), and the social aspects, such as joint social media activity and the presence of six pets together. The Tribunal concluded that the evidence supported a finding of mutual commitment to a shared life to the exclusion of others, and that the relationship was genuine and continuing.

Consequently, the Tribunal remitted the application for a Partner (Residence) (Class BS) visa for reconsideration, with a direction that the applicant met the criteria under clause 801.221(2) of Schedule 2 to the Migration Regulations 1994.