Maneewan (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Maneewan for a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed to be the de facto partner of an Australian citizen. The core of the dispute was whether the applicant and her sponsor were in a genuine and continuing de facto relationship for at least 12 months prior to the visa application, and whether the financial aspects of their relationship were satisfied.

The Tribunal was required to determine if the parties met the criteria for a de facto relationship as defined by section 5CB of the Migration Act 1958 (Cth) and Regulation 1.09A of the Migration Regulations 1994 (Cth). This involved assessing all circumstances of the relationship, including financial, social, household, and commitment aspects. Specifically, the Tribunal had to consider whether there was sufficient evidence to establish a mutual commitment to a shared life, that the couple lived together, and that the relationship was genuine and continuing.

The Tribunal found that the Department had made multiple requests for further information regarding the sponsorship and the de facto relationship, which were not responded to by the applicant or sponsor. The applicant stated she did not fully understand the requirements, and the sponsor admitted he had not accessed the email address provided to the Department. Given the lack of response to these requests and the insufficient evidence presented, the Tribunal concluded that it was not satisfied that the parties were in a de facto relationship for the required period, nor that the financial aspects of the relationship were adequately demonstrated.

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