Coe (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant, a citizen of the United Kingdom, sought the visa on the basis of a de facto relationship with an Australian citizen sponsor. The Administrative Appeals Tribunal (AAT) was the court of review.

The primary legal issue before the Tribunal was whether the applicant continued to be sponsored by the alleged de facto partner at the time of the decision, as required by the Migration Regulations. This involved determining if a genuine and continuing de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth), existed. The Tribunal also considered whether the applicant met any of the alternative criteria that might allow for visa grant even if the relationship had ceased.

The Tribunal found that the sponsor had advised the Department that the de facto relationship had ended. Based on this information, the Tribunal was not satisfied that the applicant continued to be the de facto partner of the sponsor. Consequently, the applicant did not satisfy the sponsorship requirement under clause 820.221(2) of the Migration Regulations. The Tribunal noted that alternative criteria existed for circumstances such as the death of the sponsor or family violence, but found no evidence or suggestion that the applicant met these alternative grounds. The Tribunal also considered whether the applicant's case presented unique or exceptional circumstances warranting referral to the Minister for intervention, but concluded that insufficient evidence was presented to support such a referral.

The Tribunal affirmed the decision under review, finding that the applicant had not satisfied the criteria for the grant of the visa.