Kandel (Migration)

The Administrative Appeals Tribunal (Cth) affirmed a delegate's decision to cancel the applicant's Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant had been granted the visa on the basis of being the spouse of the sponsor. However, the delegate formed the view that the applicant was not the spouse of the sponsor, and that even if she were, the relationship was not genuine and continuing. The applicant sought review of this decision.

The Tribunal was required to determine whether the applicant was the spouse of the sponsor, and if so, whether the relationship was genuine and continuing. In considering the genuineness and continuation of the relationship, the Tribunal had to assess the evidence presented regarding the couple's financial interdependence, the social aspects of their relationship, their mutual commitment to a shared life, and the nature of their companionship and emotional support.

The Tribunal found that there was limited evidence of financial pooling, joint liabilities, or sharing of expenses. Furthermore, the evidence regarding the social aspects of the relationship and the mutual commitment to a shared life to the exclusion of others was also limited. While the sponsor and applicant had lived together for one year during their nine-year relationship, and the sponsor had provided companionship and emotional support, the sponsor ultimately withdrew their application. The Tribunal also noted vague and incoherent answers provided by the applicant, and a medical condition that may have impacted her ability to provide clear responses. Consequently, the Tribunal affirmed the delegate's decision to cancel the visa.