Boyce (Migration)

The Federal Circuit Court considered an appeal by a visa applicant against a decision to affirm the refusal of a Partner (Residence) (Class BS) visa. The applicant had been granted a temporary Subclass 820 visa and sought to transition to a permanent Subclass 801 visa. The core of the dispute concerned whether the applicant and their sponsor were still in a de facto relationship at the time of the decision, as required by the legislation.

The legal issues before the Court were whether the applicant met the criteria for a Partner (Residence) (Class BS) visa, specifically whether they were in a de facto relationship with the sponsoring partner at the time of the decision, and whether the Tribunal had erred in affirming the delegate's decision to refuse the visa. The Tribunal was required to consider all circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994.

The Tribunal affirmed the decision to refuse the visa, finding that the applicant did not satisfy the criteria under cl.801.221. This conclusion was based on information received indicating the relationship had failed over 18 months prior to the delegate's decision, and the applicant had subsequently confirmed to the delegate that the relationship had ended. The Tribunal noted that the applicant had not provided evidence to demonstrate a continuing de facto relationship, nor had they provided evidence in response to requests for information from the delegate. The Court's decision was that the Tribunal's affirmation of the delegate's decision was correct.