Black (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa. The applicant sought review of a decision not to grant the visa. The decision under review was affirmed by Senior Member Justin Owen of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Partner (Residence) (Class BS) visa, specifically in circumstances where the sponsorship had been withdrawn and comments were not provided within the prescribed period. This required an assessment of the applicant's de facto relationship in accordance with the Migration Regulations 1994.

The Tribunal considered the provisions of regulation 1.09A of the Migration Regulations 1994, which outlines the matters to be considered when assessing a de facto relationship for the purposes of a Partner (Residence) visa application. These matters include the financial aspects, the nature of the household, the social aspects, and the nature of the commitment to each other. The Tribunal found that the applicant could not satisfy the criteria in cl.801.221(1) of the Regulations.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa.