Newal (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by a Fijian national sponsored by an Australian citizen. The applicant arrived in Australia in October 2010 and claimed to be in a de facto relationship from May 2011. The sponsor's evidence indicated they lived separately until February 2012, while Centrelink documents suggested she was not partnered as at May 2012. The sponsor later withdrew her support for the application, citing a breakdown in the relationship and alleging domestic violence by the applicant. The Administrative Appeals Tribunal (AAT) affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had established a genuine de facto relationship for the purposes of the visa application, particularly in light of conflicting evidence regarding the commencement and nature of the relationship, and the sponsor's subsequent withdrawal of support and allegations of family violence. The Tribunal was required to consider the various factors outlined in Regulation 1.09A of the Migration Regulations 1994, which govern the assessment of de facto relationships, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other.

The Tribunal found inconsistencies in the evidence provided by the applicant and sponsor regarding the inception and duration of their cohabitation. Specifically, the sponsor's statement that they lived at separate residences until February 2012 contrasted with other submitted documents. Furthermore, the sponsor's subsequent withdrawal of support and the applicant's late claim of domestic violence, supported by limited and uncorroborated evidence, raised further doubts about the genuineness of the relationship at the time of application. The Tribunal concluded that the evidence did not satisfy the requirements for a de facto relationship, and therefore it was unnecessary to consider other criteria such as the 12-month cohabitation period or compelling reasons for a waiver.

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