Han (Migration)

This matter concerned an application by Mr Han for a Partner (Temporary) (Class UK) visa, subclass 820. The delegate refused to grant the visa on the basis that Mr Han did not satisfy the criteria for being the spouse or de facto partner of an Australian permanent resident at the time of the application and at the time of the decision. The review was heard by Member Kate Millar of the Tribunal.

The legal issues before the Tribunal were whether Mr Han and Ms Li were in a de facto relationship, as defined by section 5CB of the Migration Act 1958 and regulation 1.09A of the Migration Regulations 1994, at the relevant times. Specifically, the Tribunal had to consider whether they had a mutual commitment to a shared life to the exclusion of all others, whether the relationship was genuine and continuing, whether they lived together or did not live separately and apart on a permanent basis, and whether they were not related by family.

The Tribunal considered all circumstances of the relationship, including financial, household, social aspects, and the nature of their commitment to each other. Evidence presented indicated vague details about the inception of the relationship, inconsistent accounts of their interactions, a lack of significant joint financial liabilities, and limited joint social activities. The Tribunal found that the evidence did not satisfy the requirements for a de facto relationship under the Act and Regulations.

Consequently, the Tribunal affirmed the decision not to grant Mr Han the Partner (Temporary) (Class UK) visa, as he did not meet the necessary criteria.