Manzano (Migration)

This matter concerned an application by Lucie Catherine Manzano, a citizen of France, for a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed her relationship with the sponsor, David Alan Bertram, an Australian citizen, had ceased and that she had been a victim of family violence. The Tribunal was required to determine whether the applicant was in a de facto partner relationship with the sponsor at the time of the visa application and whether the family violence exception to the continuing relationship requirement was available.

The Tribunal considered the requirements of the Migration Regulations 1994, specifically clauses 820.211(2)(a) and 820.221, which stipulate that an applicant must be the spouse or de facto partner of an Australian citizen or permanent resident at the time of application and at the time of the decision. The Tribunal noted that for applications made after 9 November 2009, family violence must have occurred while the partner or spousal relationship was still in existence for the exception to apply. The court also acknowledged that evidence of events occurring after the visa application could be considered if it logically tended to show the existence or non-existence of the relationship at the time of application.

The Tribunal found that there was limited evidence regarding the nature of the household and living arrangements between the applicant and the sponsor. Crucially, the Tribunal made no finding that family violence had occurred. Consequently, the Tribunal concluded that the applicant did not satisfy the threshold criteria for being in a de facto partner relationship with the sponsor at the time of the application. The Tribunal affirmed the decision not to grant the applicant the visa.