Cherich Dorattioti (Migration)

The Administrative Appeals Tribunal considered an application for review of a delegate's decision to refuse a Partner (Temporary) (Class UK) visa. The applicant, a national of Brazil, sought the visa based on his relationship with an Australian citizen. The delegate had refused the visa on the grounds that the applicant had not provided sufficient evidence to demonstrate a genuine and continuing relationship as required by the prescribed criteria.

The Tribunal was required to determine whether the applicant and his sponsoring partner were in a genuine and continuing spouse relationship at the time of the visa application and at the time of the Tribunal's decision, as defined by section 5F of the Migration Act 1958 and regulation 1.15A of the Migration Regulations 1994. This involved assessing various aspects of their relationship, including financial and social elements, the nature of their household, and their commitment to each other. The Tribunal also needed to consider whether their marriage was valid for the purposes of the Act.

The Tribunal found that the parties had provided evidence of a valid marriage, including a marriage certificate. It also noted that the applicant had provided substantial evidence that was not available to the original delegate. Considering all the circumstances of the relationship, including financial pooling, shared household expenses, social activities, and mutual commitment, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant met the criteria for a Subclass 820 (Partner) visa under clauses 820.211(2)(a) and 820.221 of Schedule 2 to the Regulations.