Iqbal (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Iqbal for a Partner (Temporary) (Class UK) visa, subclass 820. The core of the dispute concerned whether Mr. Iqbal was in a genuine and continuing relationship with his sponsor, as required by the *Migration Regulations 1994* (Cth). The delegate of the Minister had refused the visa application, finding that the evidence provided did not establish a genuine and continuing relationship.

The Tribunal was required to determine whether the delegate's decision was the correct or preferable one. Specifically, the Tribunal had to assess whether the cumulative effect of inconsistencies and deficiencies in the evidence presented by Mr. Iqbal and his sponsor led to the conclusion that their relationship was not genuine and continuing, and therefore that Mr. Iqbal did not meet the criteria for the visa.

In reaching its decision, the Tribunal considered the totality of the evidence, including documentary evidence and statements made by the applicant and sponsor. It found that there were significant inconsistencies in the information provided regarding the history and nature of the relationship, the living arrangements, and financial aspects. The Tribunal applied the principle that the onus is on the applicant to satisfy the Minister that they meet the visa criteria, and that inconsistencies, when viewed cumulatively, can undermine the credibility of the evidence and lead to a conclusion that the relationship is not genuine. The Tribunal concluded that the inconsistencies were substantial and, when considered together, were sufficient to lead to the adverse finding that the relationship was not genuine and continuing.

The Tribunal affirmed the delegate's decision to refuse the visa application.