Monye (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by Mr Monye on the basis of his relationship with Ms Bah. The delegate refused to grant the visa, finding that Mr Monye had not satisfied the requirements of clause 820.211(2)(a) as the delegate was not satisfied that Mr Monye was the spouse or de facto partner of Ms Bah. Mr Monye sought review of this decision before the Tribunal.

The Tribunal was required to determine whether Mr Monye had provided sufficient evidence to satisfy the delegate, and subsequently the Tribunal, that he was in a genuine and continuing relationship with Ms Bah. This involved assessing the financial and social aspects of their relationship, the nature of their household arrangements, and their commitment to one another.

The Tribunal considered documentary evidence provided by Mr Monye, including bank statements, lease agreements, photographs, and utility bills, as well as oral evidence from both Mr Monye and Ms Bah. The Tribunal found both witnesses to be credible, accepting their evidence as authentic and direct. Observing their interaction, the Tribunal concluded they had a close and cooperative relationship, consistent with a genuine partnership. The Tribunal also noted the validity of a certificate provided under section 376 of the Migration Act, which contained potentially adverse information. Despite this, the Tribunal found the evidence presented demonstrated a genuine and continuing relationship.