Dao (Migration)

[2021] AATA 5556

Dao (Migration) [2021] AATA 5556 (30 November 2021)

CATCHWORDS
MIGRATION –Partner (Temporary) (Class UK) visa – Subclass 820 – relationship has ceased – no continuing de facto relationship – applicant can no longer meet the relationship criteria necessary for the grant of the visa – decision under review affirmed   

LEGISLATION

Migration Regulations 1994, Schedule 2, cl 820.22

WRITTEN STATEMENT OF DECISION

1. This is a statement of a decision and reasons made in respect to case 1834058 concluded after a review of a delegate’s visa refusal decision made on behalf of the Minister in respect to Department of Home Affairs case BCC/2017/1714821.

2. The applicant Daniel Hoang Dao applied for subclass 820 and 801 visas on 13 May 2017 on the basis of his de facto relationship with his sponsor and Australian permanent resident Liang Zhang. A delegate for the Minister refused to grant the visas on 8 November 2018. On 20 November 2018 the applicant sought review of those refusal decisions to this Tribunal.

3. On 30 November 2021 the Tribunal conducted a hearing into the review at which the applicant and his sponsor both appeared and provided oral evidence. The sponsor and applicant advised the Tribunal their relationship had ceased though they remain friends.

4. In the absence of their continuing relationship, and absent any evidence or claim they may satisfy any of the alternative criteria available in such circumstances, the applicant can no longer meet the relationship criteria necessary for the grant of the visa. It follows, there is no continuing de facto relationship.

5. Based on the above, none of the ‘time of decision’ clauses; 820.22 can be met by the applicant because the parties’ relationship has ceased; there are no orders in respect to any children; no claim or evidence of family violence, and the sponsor is not deceased.

6. Given all the above, the Tribunal affirms the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.

Written statement of decision made in Melbourne on 30 November 2021 at 12:50pm.