Patel (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa. The applicant claimed to be in a de facto relationship with an Australian citizen sponsor. The Tribunal, constituted by M. Edgoose, was required to determine whether the applicant met the criteria for the visa, specifically whether a genuine and continuing de facto relationship existed between the applicant and the sponsor.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine de facto relationship, as defined by section 5CB of the Migration Act 1958 (Cth) and elaborated in regulation 1.09A of the Migration Regulations 1994. This required consideration of all the circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the nature of the commitment to each other. The Tribunal also had to consider whether there was sufficient evidence before it to establish that the relationship was genuine and continuing at the time of the decision.

The Tribunal reasoned that the applicant had provided limited evidence to support the claim of a de facto relationship. While some evidence of a joint bank account, utility bills, and a tax return declaring the sponsor as a partner was presented, the delegate had found this evidence insufficient and potentially manufactured. The Tribunal noted that no further submissions or evidence had been provided since the application for review was lodged approximately four years prior. Consequently, the Tribunal concluded that there was insufficient evidence before it to be satisfied that the applicant and sponsor were in a genuine and continuing de facto relationship, particularly given the lack of current evidence and the initial concerns raised by the delegate.

The Tribunal affirmed the delegate's decision not to grant the applicant a Partner (Temporary) (Class UK) visa, finding that the applicant did not satisfy the criteria for the grant of the visa.