Finnegan (Migration)

[2020] AATA 4220

Finnegan (Migration) [2020] AATA 4220 (12 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Christopher James Finnegan

CASE NUMBER:  1716226

HOME AFFAIRS REFERENCE(S):          BCC2015/3345417

MEMBER:Mary Urquhart

DATE:12 August 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.

Statement made on 12 August 2020 at 1:51pm

CATCHWORDS
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – genuine de facto relationship – no response to s.359(2) invitation – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 820.211

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection to refuse to grant the applicant a Partner (Temporary) (Class UK) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 13 November 2015 on the basis of his de facto relationship with his sponsor. At that time, Class UK contained only one subclass: Subclass 820 (Partner). The criteria for the grant of this visa are set out in Part 820 of Schedule 2 to the Migration Regulations 1994 (the Regulations).

3. The delegate refused to grant the visa on the basis that the visa applicant did not satisfy cl.820.211.

4. The applicant sought a review.

5. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. On 24 February 2020 the applicant was invited to a hearing on 23 April 2020.

7. The representative responded to the Tribunal’s hearing invitation indicating that multiple attempts had been made to contact the applicant. Evidence of the attempts was provided. The response indicated an intention to terminate the representation.

8. The Tribunal wrote to the applicant and his representative under s.359(2) of the Act seeking comment and information that the applicant has not been in Australia since August 2018.

9. The Tribunal put the applicant on notice that if he failed to respond or seek an extension of time in which to respond, by 11 August 2020, the Tribunal may proceed to determine the application.

10. No correspondence in reply was received.

11. The Tribunal has considered all the available information and documents provided in particular relating to financial matters, shared household responsibilities, social activities and commitment to the relationship and finds the applicant does not satisfy the criteria for the visa.

12. For the reasons above, the applicant does not satisfy the criteria for the grant of the visa.

    DECISION

13. The Tribunal affirms the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.

    Mary Urquhart
    Member