Atkinson (Migration)

The applicant, Atkinson, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her Partner (Temporary) (Class UK) visa, subclass 820. The AAT had found that the applicant had failed to satisfy the criteria for the visa, specifically regarding the genuineness and continuing nature of her relationship with her sponsor, and the withdrawal of the sponsorship.

The primary legal issue before the Federal Circuit Court was whether the AAT had erred in law in its assessment of the evidence relating to the applicant's relationship with her sponsor. This involved determining whether the AAT had properly considered all relevant evidence, including evidence of joint financial resources and social recognition of the relationship, and whether its findings were open to it on the evidence before it.

Meredith Jackson J found that the AAT had not erred in law. Her Honour noted that the applicant had provided no current evidence of joint financial resources and no evidence of social recognition of the relationship at the time of the decision. Furthermore, the sponsor had withdrawn their sponsorship, which was a critical element for the grant of the visa. The AAT was entitled to conclude, based on the lack of current evidence and the withdrawn sponsorship, that the applicant had not satisfied the requirements of the visa. The application for judicial review was therefore dismissed.