LIM (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa (subclass 820) made by a Malaysian citizen. The applicant had a history of unlawful presence in Australia and previous visa cancellations. The sponsor was an Australian citizen who had previously been married. The core of the dispute was whether the applicant and the sponsor were in a genuine and continuing spousal or de facto relationship, as required for the visa.

The Tribunal was required to determine if the applicant and the sponsor were in a genuine and continuing spousal or de facto relationship. This involved assessing the evidence presented by both parties, including documentary evidence such as marriage certificates, lease agreements, insurance policies, bank statements, and various statutory declarations and personal statements. The Tribunal also considered evidence relating to the sponsor's mental health and the applicant's circumstances, including his detention.

The Tribunal concluded that it was not convinced that the applicant and the sponsor were in a genuine and continuing relationship. Despite the presentation of various documents and statements intended to demonstrate the genuineness of their relationship, the Tribunal found the evidence insufficient to satisfy the legislative criteria for the visa. The Tribunal affirmed the delegate's decision not to grant the visa.