SINGH (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr. Singh concerning a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute arose after the Department of Home Affairs refused his visa application. A key element of the Department's decision involved information protected by a section 375A certificate, which prevented its disclosure to Mr. Singh due to concerns about identifying the source and potential harm. This anonymous allegation suggested that Mr. Singh and his sponsor had entered into a contrived relationship.

The Tribunal was required to determine the validity and weight to be given to the information protected by the section 375A certificate, particularly in light of the applicant's claim of family violence. The Tribunal also needed to assess whether Mr. Singh met the criteria for the visa, specifically in circumstances where the relationship had ceased and family violence was alleged.

The Tribunal found the section 375A certificate to be valid, acknowledging the public interest in protecting the anonymity of the information provider. However, despite being informed of the allegation of a contrived relationship, the Tribunal placed no weight on this anonymous information, finding little evidence to support it. Crucially, the Tribunal determined that Mr. Singh had met the requirements of clause 820.221(3) of Schedule 2 to the Migration Regulations 1994, as his relationship with the sponsor had ceased and he had suffered relevant family violence.

Consequently, the Tribunal remitted Mr. Singh's application for Partner (Temporary) (Class UK) visas for reconsideration by the Minister. The remittal was with the direction that Mr. Singh met the criteria under clause 820.211 and clause 820.221(3) of Schedule 2 to the Regulations.