England (Migration)

The Administrative Appeals Tribunal considered an application by a New Zealand citizen for a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa. The applicant's de facto relationship with the eligible New Zealand citizen, which was the basis for the original visa grant, had ceased. The applicant subsequently requested that the Tribunal decide the matter on the papers without a hearing and sought a referral to the Minister for consideration of intervention powers, citing his care for two Australian citizen children with a previous partner and his business ownership and integration into the community.

The primary legal issue before the Tribunal was whether the applicant continued to meet the criteria for the Subclass 461 visa, specifically clause 461.212, given the breakdown of his relationship with the New Zealand citizen. The Tribunal also considered the applicant's request for a referral to the Minister under the Minister's intervention powers.

The Tribunal affirmed the delegate's decision to refuse the visa. The delegate had not been satisfied, based on the evidence provided at the time, that the applicant was in a de facto relationship as defined by the relevant legislation. The Tribunal noted that no further evidence was submitted by the applicant until requested by the Tribunal. In response, the applicant indicated he no longer sought to meet the criteria under clause 461.212 due to the relationship breakdown and requested a decision on the papers. The Tribunal found that the applicant could still make a direct request to the Minister for consideration of intervention powers and advised that any supporting evidence should be forwarded directly to the Department for this purpose.