Lin (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Mr Lin for a Partner (Temporary) (Class UK) visa. Mr Lin, an applicant from Taiwan, claimed to be in a de facto relationship with an Australian citizen. The dispute centred on whether the evidence provided sufficiently demonstrated a genuine and continuing de facto relationship as required for the visa.

The Tribunal was required to determine whether Mr Lin and his sponsor were in a de facto relationship at the time of the visa application, considering the financial, household, social aspects, and the nature of their commitment to each other. This involved assessing the limited information provided in the application and any subsequent responses, or lack thereof, to requests for further information.

The Tribunal found that the information provided did not support a de facto relationship. Regarding financial aspects, the applicant stated no shared finances, indicating no joint assets, liabilities, or pooling of resources. In terms of household arrangements, the applicant and sponsor maintained separate leases and did not live together, nor did they share housework or responsibilities for children. Socially, while the applicant claimed shared friends, dates, and family introductions, no evidence was submitted to substantiate these claims. The Tribunal noted that evidence of events after the application date could be relevant if it logically demonstrated facts existing at the time of application, but in this instance, the proposed wedding date had passed without the ceremony occurring. Applying the criteria under Regulation 1.09A of the Migration Regulations 1994, which mandates consideration of financial, household, and social aspects, as well as the nature of commitment, the Tribunal concluded that the evidence did not establish a genuine and continuing de facto relationship.

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