Collier (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa by a citizen of Bangladesh, with her four children included as secondary applicants. The review applicant, an Australian citizen, was the sponsor. The core dispute revolved around whether the visa applicant and the sponsor were in a genuine and continuing de facto relationship, as required for the visa grant. The decision was made by the Migration Review Tribunal.

The Tribunal was required to determine if the visa applicant and the sponsor met the criteria for a genuine and continuing de facto relationship. This involved assessing various aspects of their relationship, including financial, household, and social elements, as well as the nature of their commitment to each other, as outlined in the Migration Regulations 1994. A key issue was the credibility of the visa applicant's evidence, particularly in light of concerns about her testimony being coached.

The Tribunal found that the visa applicant's oral evidence was not credible. During a confidential hearing, it became apparent that the visa applicant was being coached by an unidentified person, despite assurances that she was alone. This lack of independent testimony, coupled with undetailed and contradictory evidence provided in other aspects of the application, led the Tribunal to conclude that the relationship did not meet the genuine and continuing criteria. Information provided to the Department in confidence was given no weight due to an inability to confirm its source or veracity.

Consequently, the Tribunal affirmed the delegate's decision not to grant the Partner (Provisional) (Class UF) visas to the applicants.