Finnegan (Migration)

The Administrative Appeals Tribunal, with Member Mary Urquhart presiding, considered an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision not to grant this visa, which is typically based on the assessment of a genuine de facto relationship.

The central legal issue before the Tribunal was whether the applicant met the criteria for the visa, particularly concerning the genuineness of their de facto relationship, in light of their failure to respond to a formal invitation for information and comment issued under section 359(2) of the Migration Act 1958 (Cth). The Tribunal was required to determine if it could proceed to make a decision based on the available evidence without further input from the applicant.

The Tribunal reasoned that after inviting the applicant and their representative to provide comments and information regarding the applicant's absence from Australia since August 2018, and explicitly warning that failure to respond by a specified date might lead to a determination of the application, no reply was received. Despite attempts by the applicant's representative to contact the applicant and an indication of terminating representation, the Tribunal found no response to its section 359(2) notice. Considering all the information on file, including aspects of financial matters, shared household responsibilities, social activities, and commitment to the relationship, the Tribunal concluded that the applicant did not satisfy the visa criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa.