Chhim (Migration)

This matter concerned an application for review by an applicant seeking a Partner (Residence) (Class BS) visa. The applicant, born in Cambodia in 1992, married an Australian citizen, also born in Cambodia, in 2012. There were no children of the marriage. The applicant informed the Department of Immigration in June 2016 that the relationship had broken down in March 2016 because the sponsor had formed a relationship with another woman and had a child with that person. The applicant subsequently applied for a divorce in April 2017. The Administrative Appeals Tribunal, constituted by Deborah Morgan, was required to determine whether the applicant met the criteria for the grant of the visa.

The central legal issue before the Tribunal was whether the applicant satisfied the criteria in clause 801.221 of the Migration Regulations 1994, specifically whether she was still the spouse of the sponsor at the time of the decision. The Tribunal was required to consider all the circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment to each other, as outlined in regulation 1.15A.

The Tribunal reasoned that as the applicant had stated the relationship ended in March 2016 and she no longer cohabited with the sponsor, she could not claim to be the spouse of the sponsor at the time of the decision. The Tribunal noted that the applicant had provided no further material to support her application for review after being invited to do so. The Tribunal affirmed the delegate's decision not to grant the visa.