Singh (Migration)

This matter concerned an application for review by Mr Singh of the Department's decision to refuse him a Partner (Residence) (Class BS) visa. The central dispute was whether Mr Singh was the spouse of Ms Robinson, as defined by section 5F of the Migration Act 1958 (Cth). The Tribunal considered documentary evidence previously submitted to the Department, limited new evidence, and the oral evidence of Mr Singh and Ms Robinson.

The Tribunal was required to determine whether Mr Singh and Ms Robinson were in a spousal or de facto relationship for the purposes of the Migration Regulations 1994. This involved assessing all the circumstances of their relationship, including financial aspects, the nature of their household, social aspects, and the nature of their commitment to each other, as outlined in regulation 1.15A.

The Tribunal found that the majority of the new documentary evidence submitted was dated and had been previously provided to the Department. Furthermore, Mr Singh had been offshore since November 2017 and had not seen Ms Robinson in person since that time. The Tribunal noted the lack of recent evidence supporting the ongoing nature of the relationship and the limited support from other witnesses. Consequently, the Tribunal concluded that Mr Singh did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant Mr Singh a Partner (Residence) (Class BS) visa.