Melano (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (subclass 820) by Ms Susan Melano against a decision of the Administrative Appeals Tribunal (the Tribunal) which affirmed the refusal of her visa application. The applicant sought review of the Tribunal's decision.

The legal issues before the Tribunal were whether the applicant and her sponsor were in a genuine and ongoing relationship for the 12 months prior to the visa application, and whether they continued to be in such a relationship at the time of the decision. The Tribunal was required to consider the definition of a "spouse" under section 5F of the Migration Act 1958 (Cth) and the matters set out in regulation 1.15A of the Migration Regulations 1994 (Cth), which include financial, household, social aspects, and the nature of the parties' commitment to each other.

The Tribunal found that while the parties were validly married, it was not satisfied that they had been in a relationship for the required 12 months prior to the application. Furthermore, based on the evidence, including the sponsor's withdrawal of sponsorship and the parties no longer living together, the Tribunal was not satisfied that the relationship was genuine and ongoing at the time of the decision. The applicant failed to provide sufficient evidence to satisfy the Tribunal on these crucial points, and despite extensions, did not respond to a request for information, thereby losing her right to a hearing. Consequently, the Tribunal affirmed the decision not to grant the visa.