SHAKIR (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant claimed that their relationship with the sponsor had ceased due to domestic violence. The decision under review was affirmed by the Tribunal.

The legal issues before the Tribunal were whether the applicant continued to meet the criteria for a Subclass 820 visa, specifically whether they remained the spouse or de facto partner of the sponsor, and if the relationship met the requirements of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). This involved considering the definitions of "spouse" and "de facto partner" and the evidentiary requirements for establishing such a relationship, including the duration and nature of the relationship.

The Tribunal affirmed the decision to refuse the visa because the applicant failed to provide any evidence to support their claims, including the assertion of domestic violence. The applicant also did not attend the hearing. The Tribunal applied the criteria set out in Schedule 2 of the Regulations, including the definitions of spouse and de facto partner under sections 5F and 5CB of the Act, respectively. These definitions require a mutual commitment to a shared life, a genuine and continuing relationship, living together or not living separately and apart on a permanent basis, and consideration of financial, social, and household aspects of the relationship as outlined in regulation 1.15A. Without evidence, the applicant could not satisfy these requirements.