Mbogoye (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, a citizen of Tanzania, and her sponsor, an Australian citizen. The primary dispute revolved around the genuineness and continuation of the parties' relationship, particularly in light of adverse information received by the Department of Home Affairs alleging the sponsor was still married to a previous wife and that the current relationship was contrived for visa purposes. The decision was made by Glynis Bartley, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant and her sponsor had a genuine and continuing relationship, and whether the applicant met the criteria for a Subclass 820 Partner visa, considering the adverse information presented. This required the Tribunal to assess the financial, household, and social aspects of the relationship, as well as the nature of the parties' commitment to each other, in accordance with regulation 1.15A of the Migration Regulations 1994.

The Tribunal considered substantial evidence, including statutory declarations, birth certificates, and a DNA test confirming the sponsor's paternity of the parties' eldest daughter. While acknowledging the adverse information regarding a prior marriage and the alleged contrived nature of the relationship, the Tribunal found that the sponsor's denial of a prior marriage and his explanation that the provided marriage certificate was fraudulent, coupled with the birth of three children within the current relationship and the eldest daughter's Australian citizenship, outweighed the concerns. However, the Tribunal noted the applicant's guarded responses regarding the sponsor's contact with his five children from a previous relationship and her failure to disclose the parties' brief care of those children, indicating a reluctance to fully disclose aspects of the sponsor's prior family life.

Given these considerations, the Tribunal remitted the applications for Partner (Temporary) (Class UK) visas for reconsideration. The Tribunal directed that the first applicant met specific criteria related to the Subclass 820 visa, and similarly directed that the second applicant met specified criteria for the same visa subclass.