CHEN (Migration)

The applicant, CHEN, sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) to affirm the refusal of a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The refusal was based on the applicant providing false or misleading information and fabricated evidence regarding their relationship with the sponsor, and the sponsor subsequently withdrawing their sponsorship.

The primary legal issue before the Tribunal was whether the applicant satisfied Public Interest Criterion 4020 (PIC 4020) in relation to the visa application. This criterion requires that an applicant must not have provided information that is false or misleading in relation to a visa application, or have submitted a document that is not genuine, unless certain exceptions apply. The Tribunal also considered whether there were any compassionate or compelling circumstances that would warrant an exception to the application of PIC 4020.

The Tribunal found that the applicant had provided inconsistent evidence about their relationship and that a psychologist's report submitted was inadequate. Crucially, the sponsor withdrew their sponsorship, and while the applicant claimed family violence, the Tribunal determined that no compassionate or compelling circumstances existed to override the failure to satisfy PIC 4020. Consequently, the Tribunal affirmed the decision not to grant the visa.