FAHME (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought before the Administrative Appeals Tribunal. The applicant sought review of a decision that had refused to grant the visa. The core of the dispute revolved around whether the applicant had established a genuine and continuing relationship with their partner, and whether certain errors in the primary notification and the cessation of the relationship were relevant to the assessment.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 820 visa, specifically concerning the genuineness and continuation of the relationship, and whether compelling reasons existed to grant the visa despite the relationship having ceased. The Tribunal also had to consider the applicant's sole parental responsibility for an Australian citizen child, and the evidence presented, including a joint residential tenancy agreement, utility bills, and joint bank statements, as indicators of a previous mutual commitment to a shared life.

In its reasoning, the Tribunal found that the applicant met specific criteria for the visa, namely cl 820.211(2)(a), cl 820.211(2)(d)(ii), and cl 820.221 of Schedule 2 to the Regulations. The Tribunal acknowledged the evidence of a joint tenancy, utility bills, and bank statements as demonstrating a shared life. Given these findings, the Tribunal determined that the appropriate course was to remit the application for the visa to the Minister for consideration of the remaining criteria.