Efe (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Efe for a Partner (Temporary) (Class UK) visa, subclass 820. The core of the dispute concerned whether Efe had provided sufficient evidence to satisfy the delegate of the Minister that her relationship with her partner was genuine and continuing, and that they had a mutual commitment to their life together.

The Tribunal was required to determine whether Efe had discharged her onus of proof in demonstrating that her marriage was genuine and continuing, and that she and her partner had a mutual commitment to their life together, to the exclusion of all others. This involved assessing the documentary and oral evidence presented in support of the visa application.

In its reasoning, the Tribunal applied the principles established in migration law concerning the assessment of partner visa applications. It considered the nature of the evidence required to establish a genuine and continuing relationship, including evidence of cohabitation, financial interdependence, social interaction, and the nature of the commitment. The Tribunal weighed the evidence presented by Efe against the requirements of the *Migration Regulations 1994* and relevant policy guidelines, ultimately finding that the evidence did not sufficiently demonstrate the genuineness and continuing nature of the relationship.