Sunastra (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant's de facto relationship with the sponsor had ceased, and the sponsor had withdrawn their sponsorship. The primary dispute revolved around whether the applicant met the alternative criteria for visa grant under clause 820.221 of the Migration Regulations 1994, particularly in circumstances where the relationship had ended. The decision was made by a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a Subclass 820 visa, specifically clause 820.221, given the cessation of the de facto relationship and withdrawal of sponsorship. The Tribunal was required to determine if the applicant satisfied any of the alternative pathways for visa grant provided by the regulations, namely the death of the sponsor, family violence committed by the sponsor, or shared custody and obligations towards a child of the relationship.

The Tribunal found that the applicant no longer met the primary criterion of being in a de facto relationship with the sponsor. It also found no evidence of the sponsor's death or family violence. However, the Tribunal considered the evidence presented regarding a child of the relationship, including a birth certificate and DNA testing confirming biological parentage. The applicant provided satisfactory evidence that he and his former partner shared joint responsibility for the child. Applying clause 820.221(3)(b)(ii), the Tribunal was satisfied that the applicant met this criterion.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met criteria 820.211 and 820.221(1) of Schedule 2 to the Regulations.