Singh (Migration)

This matter concerned an appeal by Mr Singh against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Partner (Temporary) (Class UK) visa, subclass 820. The AAT had found that the relationship between Mr Singh and his sponsor was not genuine and continuing, and that the child of the relationship was the product of a different relationship.

The primary legal issue before the Federal Circuit Court was whether the AAT had erred in law in its assessment of the evidence concerning the genuineness and continuing nature of the relationship between Mr Singh and his sponsor, and in its consideration of the child's parentage.

Her Honour Justice Meredith Jackson found that the AAT had not erred in law. The AAT had properly considered the adverse information presented, including evidence suggesting the relationship was not genuine and was entered into solely for the purpose of obtaining a migration outcome. The AAT's conclusion that the relationship was not genuine and continuing, and its findings regarding the child's parentage, were open to it on the evidence before it. The AAT had applied the correct legal principles in assessing the evidence.

The appeal was dismissed.