SHAHIN (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by a Bangladeshi national sponsored by Ms Norleen Hemaloto, a New Zealand citizen. The applicant had a history of unsuccessful visa applications and lodged the current application in 2016. The delegate refused the application, finding that the applicant and sponsor were not in a genuine spousal relationship and that the applicant did not meet certain criteria, with no compelling reasons for a waiver of Schedule 3 criteria.

The Tribunal was required to determine whether the applicant and sponsor were in a genuine and continuing spousal relationship, and whether there were compelling reasons to waive the Schedule 3 criteria, particularly in light of new information regarding the sponsor's residence status. The applicant had provided extensive documentation to support the genuineness of the relationship, including financial and social aspects, as well as evidence of a long-term commitment. The Tribunal also had to consider the implications of the sponsor holding a Special Category visa, which is not a permanent visa, and the applicant's subsequent application for a Resident Return visa.

The Tribunal noted that the delegate's refusal was based on a lack of satisfaction regarding the genuineness of the relationship and the Schedule 3 criteria. However, the Tribunal received information that the sponsor held a Special Category visa, which meant she was not an Australian permanent resident at the time of the decision. This information was communicated to the applicant, who responded by providing evidence of the sponsor's application for a Resident Return visa. Given the evolving circumstances and the need to consider the remaining criteria for the Subclass 820 visa, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for the visa to the Minister to consider the remaining criteria for a Subclass 820 visa.