Chinyerere (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought to establish that they were in a spouse relationship with an Australian citizen. The primary issue before the Tribunal was whether the applicant continued to be sponsored by the sponsoring partner or was in a continuing relationship with her, and whether the applicant met any alternative criteria for the grant of the visa.

The Tribunal was required to determine if the applicant and the sponsor were in a spouse or de facto relationship, as defined by the Migration Act 1994 and the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the parties met the requirements of a married relationship, including being married under a valid marriage, having a mutual commitment to a shared life to the exclusion of others, the relationship being genuine and continuing, and the couple living together or not living separately and apart on a permanent basis. The Tribunal also had to consider the financial, social, and household aspects of the relationship, as well as the nature of their commitment to each other.

The Tribunal found that while the parties were validly married, the sponsor had withdrawn her sponsorship and stated that the relationship had ended. The applicant was invited to provide further information regarding a continuing relationship or alternative criteria but failed to do so. In the absence of any current information demonstrating a continuing relationship, particularly concerning the pooling of financial resources, the Tribunal concluded that the applicant did not meet the criteria for a spouse relationship.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa. As the applicant was not granted this visa, they did not meet the criteria for a subsequent Partner (Permanent) visa, subclass 801. The Tribunal therefore affirmed the decision to refuse the grant of the permanent visa.