Oldaker (Migration)

The Administrative Appeals Tribunal considered the application of Oldaker for a Partner (Temporary) (Class UK) visa, subclass 820. The Department of Home Affairs had refused to grant the visa, and this decision was affirmed by the Tribunal. The core of the dispute concerned whether the applicant was in a genuine de facto relationship at the time of the application.

The primary legal issue before the Tribunal was whether the applicant could satisfy the criteria for a Partner (Temporary) visa, specifically clause 820.221, which requires the applicant to be in a genuine de facto relationship with their partner. The Tribunal had received confirmation that the relationship had ended, and the applicant had not responded to an invitation to comment on this information.

The Tribunal affirmed the decision not to grant the visa, finding that the applicant could not satisfy the criteria in clause 820.221. This conclusion was based on the information received indicating the relationship had ended and the applicant's failure to provide any contrary evidence or submissions in response to the invitation to comment. Consequently, the Tribunal affirmed the Department's decision to refuse the visa.