Lucena Ielo (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa made by the applicant, who was born in the Philippines, in relation to her deceased sponsor, an Australian permanent resident. The central dispute concerned whether the applicant was the spouse or de facto partner of the sponsor at the time of the visa application and at the time of the decision, as defined by the Migration Act 1958 (Cth) and associated Regulations. The Tribunal also had to consider the impact of the sponsor's death on the application and whether the applicant had developed close ties with Australia.

The legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 820 (Partner) visa, specifically whether she was the spouse or de facto partner of the sponsor at the relevant times, and whether she satisfied the requirements of clause 820.221(2) of Schedule 2 to the Regulations, which addresses situations where the sponsoring partner has died. This involved assessing the genuineness and nature of the relationship, including its financial, household, social, and commitment aspects, as well as the applicant's ties to Australia.

The Tribunal reasoned that while there were concerns raised about the authenticity of some submitted statements and the availability of certain evidence, the applicant had provided sufficient information to establish that she met the criteria under clause 820.211(2)(a) and clause 820.221(2) of Schedule 2 to the Regulations. The Tribunal acknowledged the complexities arising from the sponsor's death and the applicant's assertion that the sponsor's daughter had managed the visa application and drafted statements.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration by the Minister, with a direction that the applicant met the specified criteria for a Subclass 820 (Partner) visa.