Siddiqui (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant's relationship with his sponsoring partner had ceased, and he sought to rely on exceptions to the visa criteria, specifically claiming family violence and the existence of a child of the relationship. The Administrative Appeals Tribunal was required to determine whether these exceptions applied, allowing the applicant to continue to be considered for the visa despite the breakdown of the relationship.

The Tribunal considered the requirements of clauses 820.211(2)(a) and 820.221 of the Migration Regulations, which generally require the applicant to be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen at the time of application and decision. Crucially, the Tribunal examined the exceptions to these requirements, which include the death of the sponsor, family violence, or responsibilities in relation to a child. The applicant confirmed that the sponsoring partner was not deceased, thus excluding that exception.

Regarding the claim of family violence, the applicant stated he wished to claim this exception, but the Tribunal found insufficient evidence was presented to substantiate this claim. Concerning the existence of a child, the applicant initially stated there was a child of the relationship. However, he later recounted that the sponsor had informed him, through her solicitor, that he was not the father of the child, and a DNA test was mentioned in the catchwords as negative. The Tribunal concluded that the applicant had not satisfied the criteria for the visa, nor had he met the requirements of the applicable exceptions. Consequently, the Tribunal affirmed the decision not to grant the visa.