Bu (Migration)

This matter concerned an application for review by Mr ZHOU Jianming (the applicant) of a decision by the delegate to refuse his partner visa application. The sponsor was Ms BU Rongmei. The central issue before the Tribunal was whether the parties were in a genuine spousal relationship as defined by section 5F of the *Migration Act 1958* (Cth). The applicant, a 59-year-old male from Shanghai, had a history of remaining in Australia on bridging visas for extended periods. The sponsor, a 56-year-old female also from Shanghai, had entered Australia on a tourist visa, absconded from a tour group, and later acquired Australian citizenship. The parties married on 16 January 2017, with the applicant departing Australia four days later.

The Tribunal was required to determine if the relationship between the applicant and the sponsor was genuine and, if so, whether it met the criteria for a partner visa. The delegate had refused the visa on 18 September 2018. The applicant lodged an application for review with the Tribunal on 20 November 2018. The Tribunal had subsequently issued a notice under section 359A of the *Migration Act 1958* (Cth) on 2 December 2020, indicating that failure to respond by 16 December 2020 would result in the applicant losing their entitlement to appear before the Tribunal.

The Tribunal noted that no evidence or response had been received from the applicant or sponsor by the time of the decision on 3 February 2021, despite the notice issued under section 359A. The Tribunal considered the limited information provided in the initial application, including the parties' brief relationship statements and the sponsor's history as a sponsor in a previous partner visa application. Given the lack of further evidence or submissions to support the genuineness of the spousal relationship, and the failure to respond to the section 359A notice, the Tribunal concluded that it could not be satisfied that the relationship met the requirements of section 5F of the *Migration Act 1958* (Cth).

The Tribunal affirmed the delegate's decision to refuse the visa application.