SAYSON (Migration)

This matter concerned an appeal by Mr. Sayson against the affirmation of a decision not to grant him a Partner (Migrant) (Class BC) visa, Subclass 100. The dispute arose from allegations that Mr. Sayson had provided false and misleading information in relation to his visa application, specifically concerning his marital status and the genuineness of his relationship with his sponsor, Ms. Liciana Green. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr. Sayson met the requirements of Public Interest Criterion (PIC) 4020, as stipulated by clause 100.221(2)(b) of the Migration Regulations 1994. This criterion requires that an applicant has not provided a bogus document or false or misleading information in relation to their visa application or a previous visa held within the preceding 12 months. The Tribunal also considered whether any compelling or compassionate circumstances existed to warrant a waiver of PIC 4020(1) and (2) under PIC 4020(4).

The Tribunal found that Mr. Sayson had provided false and misleading information, as evidenced by social media material suggesting he was married to another woman, Marilou Delossantos, at a time when he claimed to be in an exclusive relationship with his sponsor. Despite Mr. Sayson's response and the provision of further documentation, the delegate and subsequently the Tribunal were not satisfied that compelling circumstances existed to justify a waiver of PIC 4020(1). The Tribunal affirmed the decision not to grant the visa.