LIU (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision not to grant the applicant a Partner (Temporary) (Class UK) visa, subclass 820. The core of the dispute concerned whether the applicant had met the requirements for a genuine de facto relationship, including the 12-month cohabitation period, and the implications of the applicant's failure to appear at a scheduled hearing.

The Tribunal was required to determine whether it could affirm the delegate's decision to refuse the visa, particularly in light of the applicant's non-appearance at the hearing. A key legal issue was the application of section 365 of the *Migration Act 1958* concerning the taking of oral evidence in public, and whether the Tribunal could depart from this general rule in the circumstances.

The Tribunal affirmed the delegate's decision. It noted that while section 365 of the *Migration Act 1958* generally mandates that oral evidence be taken in public, it was satisfied that the public interest, specifically the protection of public and registry staff from public health risks associated with the COVID-19 pandemic, warranted taking any oral evidence in private under section 365(2). As the applicant did not appear at the scheduled hearing, no oral evidence was taken, and the Tribunal proceeded to affirm the original decision.