Southam (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by a British citizen. The applicant claimed to be in a de facto relationship with an Australian citizen. The core dispute revolved around whether the applicant met the criteria for the visa, specifically concerning the genuineness and mutual commitment of the claimed de facto relationship, and whether the applicant had been sponsored by an eligible Australian citizen or permanent resident. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant was in a genuine and continuing de facto relationship with her claimed sponsor at the time of the visa application and at the time of the decision, and whether she had been sponsored by an Australian citizen or permanent resident. These issues were to be determined by reference to the requirements of clause 820.211(2)(a) and 820.221 of the Migration Regulations 1994, and the definition of a de facto relationship under section 5CB of the Migration Act 1958.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant had not provided a sponsorship form or evidence of identity for the claimed sponsor, nor had she provided written statements or photographs. Furthermore, the applicant had indicated uncertainty about continuing the relationship and had failed to provide further requested information. The Tribunal considered the various aspects of the relationship as outlined in regulation 1.09A(3), including financial, household, social, and commitment aspects. Based on the lack of evidence and the applicant's own indications of doubt about the relationship's continuation, the Tribunal concluded that the applicant had not satisfied the essential criteria for the visa.