Argadiba (Migration)

This matter concerned an application for review of a decision to refuse to grant a Partner (Temporary) (Class UK) visa to the applicant, an Indonesian citizen, sponsored by an Australian citizen. The core dispute revolved around the validity and genuineness of the parties' claimed de facto relationship, particularly in light of the sponsor's subsequent withdrawal of his sponsorship. The review was conducted by Ann Brandon-Baker of the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a Partner (Temporary) (Class UK) visa, specifically whether she was in a genuine and continuing de facto relationship with the sponsor at the time of the visa application and at the time of the decision. This involved assessing whether the relationship satisfied the definition of a de facto relationship under section 5CB of the Migration Act 1958 and Regulation 1.09A of the Migration Regulations 1994, considering financial, household, social aspects, and the nature of the commitment to each other.

The Tribunal reasoned that while the parties had provided some evidence of a relationship, such as a civil partnership certificate and some joint bills, the evidence regarding the financial aspects was limited. Specifically, only a short period of joint bank statements was provided, and the applicant was unaware of the address of a house purchased by the sponsor in his name only. Furthermore, there were no joint liabilities or significant pooling of financial resources beyond day-to-day expenses. Crucially, the sponsor had validly withdrawn his sponsorship, and the applicant's subsequent claims of a genuine and ongoing relationship, made in response to the department's inquiry, were not sufficiently substantiated by the evidence presented. The Tribunal concluded that the applicant had not satisfied the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.