Khan (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed to be the de facto partner of an Australian citizen who lodged a sponsorship in support of the application. However, the sponsor subsequently withdrew her sponsorship, stating the relationship had ceased. The applicant was invited to comment and provide further information on multiple occasions, but failed to do so.

The Tribunal was required to determine whether the applicant and the sponsor were in a de facto relationship at the time of the decision, as defined by section 5CB of the Migration Act 1958 (Cth). This definition requires a mutual commitment to a shared life to the exclusion of all others, a genuine and continuing relationship, cohabitation or not living separately and apart on a permanent basis, and that the couple are not related by family. The Tribunal was also required to consider all circumstances of the relationship, including financial, social, household, and commitment aspects, as outlined in regulation 1.09A(3) of the Migration Regulations 1994.

The Tribunal reasoned that the sponsor's clear statement that the relationship had ceased and her withdrawal of sponsorship, coupled with the applicant's failure to provide any evidence to the contrary despite multiple invitations, meant there was no satisfaction that a genuine and ongoing de facto relationship existed at the time of the decision. In the absence of evidence supporting the criteria in section 5CB(2) and the sponsor's withdrawal of support, the Tribunal concluded that the applicant did not meet the requirements of clause 820.221(1)(a) of the Migration Regulations.

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