HIMAWAN (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse), by an Indonesian national. The applicant claimed to have commenced a de facto relationship with an Australian citizen in June 2011. The dispute arose when the Department of Home Affairs expressed concerns about the genuineness of the relationship, particularly following an interview with the applicant where he appeared vague on certain details regarding the sponsor's travel and financial arrangements. The Administrative Appeals Tribunal was required to determine whether the applicant had met the criteria for the visa.

The Tribunal was tasked with assessing the overall circumstances of the relationship, considering various factors as outlined in Regulation 1.09A of the Migration Regulations 1994. These factors included the financial aspects of the relationship, the nature of the household, the social aspects, and the nature of the commitment to each other. Specifically, the Tribunal had to weigh the evidence presented by the applicant, including statutory declarations, joint financial documents, and social evidence, against the concerns raised by the Department, particularly in light of the applicant's responses during a telephone interview.

The Tribunal reasoned that while some evidence supported the genuineness of the relationship, such as joint bank accounts, utility bills, and nominations as beneficiaries, the applicant's responses during the interview raised questions. The Tribunal noted that the applicant and sponsor presented themselves as a conservative couple who disclosed their relationship only to close family and friends, which was supported by some evidence. However, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the criteria for the Subclass 801 visa, apart from the requirement to hold a Subclass 820 visa.